New Jersey Assembly Bill A3451

New Jersey 2024-2025 Regular Session

• Introduced: 2/1/24
• Refer: 2/1/24
• Refer: 2/5/24
• Report Pass: 2/8/24
• Engrossed: 2/12/24
• Refer: 2/12/24

Caption

Revises law concerning family leave to extend protection by reducing, over time, employee threshold from 30 employees to five employees in definition of employer.

Impact

The primary impact of A3451 is to ensure that all employees, regardless of the size of their employer, have the right to return to their jobs after taking family leave. Currently, employers with less than 30 employees are exempt from providing reinstatement after family leave. This bill helps close that gap and aligns the treatment of family leave beneficiaries with those who take temporary disability leave, providing uniformity in employee rights across various employer sizes. The essence of this bill is to promote equality in the workplace, especially for lower-wage earners and those employed at smaller firms that are less equipped to handle leave provisions.

Summary

Assembly Bill A3451 aims to revise the existing laws concerning family leave by gradually reducing the employee threshold from 30 to 5. The intent is to extend reinstatement rights after taking family leave to employees of smaller employers, ensuring that even those in small businesses have job protection after taking such leave. The phase-in of the new threshold is structured over a timeline where the threshold reduces to 20 employees immediately, 10 employees within a year, and finally to 5 employees two years after enactment. This progressive approach is designed to allow small businesses to adapt gradually to the changes.

Contention

Notable points of contention surrounding A3451 focus on the potential burden it may place on small businesses. Opponents of the bill could argue that the requirement for reinstatement for employees of businesses with as few as five workers could lead to increased operational costs and administrative challenges. Proponents, however, argue that protecting employee rights is vital for a fair workplace and that such protections will ultimately help to retain employees, reducing turnover costs for businesses. As the bill progresses, discussions will likely revolve around finding a balance between employee rights and the practicality for small employers.