By Kaitlyn Dunphy
In one of his last acts in office, on Jan. 17, then-Gov. Phil Murphy signed an expansion of family leave rights (A3451/S2950) into law. The changes become effective on July 17, just in time for the 2026-27 school year.
New Jersey’s Family Leave Act (FLA) provides for 12 weeks of unpaid, job-protected leave within a 24-month period for employees who need the leave to bond with their new child, whether biological, adopted or foster, or for taking care of a family member with a serious health condition. FLA leave is also available for certain health and caretaking reasons during public health emergencies. The new law greatly expands who can take an FLA leave.
The amendments significantly reduce the time an employee must have worked for their employer to qualify for FLA leave. Beginning July 17, an employee who has worked for an employer for three months is eligible for FLA leave, reduced from the previous requirement of one year. Additionally, the individual only needs to have worked 250 base hours in the 12 months preceding their leave, instead of the previous 1,000 hours. For private employers, the law will soon apply to smaller businesses. FLA applies to public employers regardless of size.
These changes make family leave available to more of our members. The amendments will be especially beneficial for newer hires, those who have recently moved districts and part-time workers. It could also benefit members who need to take leave within a short time frame after returning from a previous leave, since they now do not need as many hours worked to qualify for FLA.
Additionally, the new law states the employees taking FLI benefits are to be returned to the same or an equivalent position when they return from leave. Family Leave Insurance benefits are a partial wage replacement benefit program run by the New Jersey Department of Labor and Workforce Development for workers taking leave for eligible reasons. Although job reinstatement is already provided for in FLA, this provides additional protections for those receiving FLI benefits.
Local leaders should keep an eye out for changes to board policies implementing the new law prior to the July 17 effective date. Members with questions regarding an upcoming leave should reach out to their local association leadership, as there are many local-specific contract terms and practices that impact their leave.
Kaitlyn Dunphy is an associate director of NJEA Legal Services and Member Rights in the NJEA Executive Office. She may be reached at kdunphy@njea.org.