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  • NJ A4927
  • Revises law concerning family leave, temporary disability and family temporary disability leave, and domestic or sexual violence safety leave.*
Introduced
(6/1/2017)
In Committee
(6/19/2017)
Crossed Over
(6/22/2017)
Passed
(6/26/2017)
SignedDead/Failed/Vetoed
2016-2017 Regular Session
This bill revises the law concerning family leave, family temporary disability leave, and domestic or sexual violence safety leave. The bill expands the family members for whom individuals covered under the family temporary disability law may receive paid benefits during periods of leave from employment to care for to include siblings, grandparents, grandchildren, and parents-in-law. Family members for whom covered individuals may currently use family leave benefits include children, spouses, domestic partners, civil union partners, or parents of covered individuals. The bill also expands the "Family Leave Act" and the "NJ SAFE Act" to include siblings, grandparents, grandchildren, and parents-in-law. Additionally, the bill provides that family temporary disability leave may be taken by a covered individual from work with an employer to participate in the providing of care as defined in the "NJ SAFE Act," for a family member of the individual who has been a victim of an incident of domestic violence or a sexually violent offense. The bill amends the "Family Leave Act" and the family temporary disability leave law to provide to an employee who becomes a parent of a child pursuant to a gestational carrier agreement with the same rights to unpaid and paid family leave as those laws currently provide to an employee who is a parent of a newborn child. The bill expands the maximum total benefits payable to any eligible individual for a period of family temporary disability leave, and expands the length of time for which benefits will be paid. The bill increases the maximum number of weeks of family temporary disability leave benefits for a period of family temporary disability leave, or for any given 12-month period, to twelve weeks from the current six weeks. In cases of intermittent leave, the maximum leave is increased from 42 days to 84 days. The bill provides that family temporary disability leave benefits with respect to a birth or adoption may be taken on an intermittent basis. The bill requires the covered individual seeking the intermittent benefits to provide the employer with prior notice of the leave not less than 15 days before the first day on which benefits are paid for the intermittent leave, unless an emergency or other unforeseen circumstance precludes prior notice. The covered individual must make a reasonable effort to schedule the leave so as not to unduly disrupt the operations of the employer and, if possible, to provide the employer, prior to the commencement of intermittent leave, with a regular schedule of the days or days of the week on which the intermittent leave will be taken. The bill expands the amount that covered individuals would collect in benefits. Under the bill, an individual's weekly benefit rate, subject to a maximum of 78% of the Statewide average weekly remuneration paid to workers by employers will be: (1) For an individual with a household income at or below 200% of the federal poverty level for a family of four, 90% of the individual's average weekly wage; or (2) For an individual with a household income above 200% of the federal poverty level for a family of four, 80% of the individual's average weekly wage. The bill also provides that an employer may not discharge, harass, threaten, or otherwise discriminate or retaliate against an employee with respect to the compensation, terms, conditions, or privileges of employment on the basis that the employee took or requested any family temporary disability leave to which the employee was entitled. The bill provides for various remedies in case of violations. The bill also provides that any individual who is self-employed, who is not a covered employer, and who receives the major part of total remuneration from the trade, business, or occupation in which he or she is self-employed, may file with the division a written election that the individual be considered a covered individual for the purposes of the family temporary disability leave law. The bill provides that, upon approval of the election by the division, the individual must make quarterly contributions to the State disability benefits fund. The quarterly contribution amount is the product of one-fourth of the amount of annual net profit of the individual, but not less than $1,150, and the contribution rate established pursuant to current law. The worker contribution rate to the family leave insurance program is currently .001000 of worker wages. There is no employer contribution. Under the bill, an individual applying for or continuing elective coverage must sign an annual statement authorizing the division to verify the net profit declared on the individual's Internal Revenue Service Schedule SE. Failure of the individual to sign a statement authorizing the division to verify income results in the individual being assigned an annual income level of $8,400 for contribution and benefit purposes. Any individual applying for elective coverage under the bill must submit a copy of that individual's Internal Revenue Service Schedule SE filed on or before April 15 of the preceding year with the application for elective coverage in order to establish first-year contributions and benefits in excess of the minimum required to qualify for elective coverage. The bill provides that worker contributions are payable on and after the date stated in the approval by the division. The division may levy assessments for any amount due when an elective coverage agreement has been in effect for less than two complete calendar years. The bill provides that the weekly benefit amount for a self-employed individual electing coverage shall be determined pursuant to the formula for calculating family leave insurance benefits used for other family leave benefits claimants under the bill, using the individual's quarterly net profit divided by 14 to determine the individual's average weekly wage. The bill also establishes procedures for the division to terminate elective coverage and to disapprove applications for elective coverage under certain circumstances. The bill also requires the division to implement goals for the timely payment of family temporary disability benefits. The goals specified by the bill set the minimum percentages at 50% within seven days, 75% within 14 days, 85% within 21 days, and 95% within 28 days. The bill requires the Commissioner of Labor and Workforce Development to issue annual reports regarding efforts to attain these goals. Each report is required to contain certain details related to the family leave disability claims and completion. Finally, the bill directs the Division of Temporary Disability Insurance to disseminate information about the rights and responsibilities of employers and employees regarding family temporary disability benefits. The bill also requires the commissioner to collect and issue a report containing certain demographic information.
2nd Reading in the Assembly, 2nd Reading in the Senate, Passed Assembly, Passed both Houses, Received by the Assembly
Conditional Veto, Received in the Assembly  (on 7/31/2017)
 
 

Date Chamber Action Description
7/31/2017 A Conditional Veto, Received in the Assembly
6/26/2017 S Passed Senate (Passed Both Houses) (22-15)
6/26/2017 S Substituted for S3085 (SCS)
6/22/2017 S Received in the Senate without Reference, 2nd Reading
6/22/2017 A Passed by the Assembly (49-23-3)
6/19/2017 Assembly Appropriations Hearing (19:00 6/19/2017 Revised 6/16/17 - A2167 and A4586 have been added. In addition t)
6/19/2017 A Reported from Assembly Comm. as a Substitute, 2nd Reading
6/19/2017 Assembly Appropriations Hearing (19:00 6/19/2017 )
6/1/2017 A Reported and Referred to Assembly Appropriations Committee
6/1/2017 A Introduced, Referred to Assembly Regulatory Oversight and Reform and Federal Relations Committee
6/1/2017 Assembly Regulatory Oversight and Reform and Federal Relations Hearing (19:00 6/1/2017 )
Date Motion Yea Nay Other
Detail 6/26/2017 Senate Floor: Third Reading - Final Passage 22 15 3
Detail 6/26/2017 Senate Floor: Substitute For S3085 (Voice Vote) 0 0 0
Detail 6/22/2017 Assembly Floor: Third Reading - Final Passage 49 23 8
Detail 6/19/2017 Assembly Appropriations Committee: Reported with Substitution 8 2 1
Detail 6/1/2017 Assembly Regulatory Oversight Committee: Reported Favorably 4 1 0