New Jersey Expands Job-Protected Leave for Workers Starting July 2026
Starting July 17, 2026, New Jersey expanded job-protected leave for workers across the state. These changes extend job protection to workers, including those at smaller and part-time employers, who previously had far less protections or none at all.
Lower Eligibility Requirements Under the NJFLA
The NJFLA itself now covers more workers. The changes, effective July 17, 2026, include:
- Employer size threshold. Lowered from 30 or more employees worldwide to 15 or more employees.
- Work history requirement. Reduced from 12 months with the employer to 3 months.
- Hours worked requirement. Reduced from 1,000 hours in the past 12 months to 250 hours.
The NJFLA continues to provide up to 12 weeks of job-protected leave in a 24-month period to bond with a new child or care for a family member with a serious health condition, with the right to return to the same position.
What Hasn’t Changed
Eligibility for TDI and FLI cash benefits is still based on earnings. Most workers who earn at least $310 weekly for 20 weeks, or a combined $15,500 in a base year, will qualify. The federal FMLA’s own requirements, including 50 or more employees within a 75-mile radius, 12 months of employment, and 1,250 hours worked, remain unchanged. A worker who does not meet the federal FMLA threshold may now still have state-level job protection under the NJFLA or through TDI/FLI that did not exist before.
If Your Employer Denies Your Protected Leave or Retaliates
An employer who denies a leave request you are legally entitled to under the NJFLA, or who disciplines, demotes, or fires you for taking protected leave, may be violating New Jersey law. If your job protection came from receiving TDI or FLI benefits rather than from the NJFLA or the FMLA, state law lets you file a lawsuit in Superior Court or a complaint with the New Jersey Department of Labor. A worker who wins that case may recover lost wages and benefits, reinstatement to the same or an equivalent job, and attorney’s fees and costs.
If you raised a concern internally about your employer’s failure to comply with these leave protections and faced retaliation for speaking up, that conduct may also be protected under New Jersey’s whistleblower law, the Conscientious Employee Protection Act (CEPA), which prohibits retaliation against employees who object to or report unlawful workplace conduct.
Call Keating Law Firm for a Free and Confidential Consultation
Attorney Chris Keating represents workers across New Jersey who have been denied job-protected leave or retaliated against for taking it or reporting a violation. Contact Keating Law Firm online or call 856-519-5011 to discuss your situation.