Bill Text: NJ A430 | 2014-2015 | Regular Session | Introduced
Bill Title: Provides for school and medical family leave.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Labor Committee [A430 Detail]
Download: New_Jersey-2014-A430-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblywoman ANGELICA M. JIMENEZ
District 32 (Bergen and Hudson)
Assemblyman CHARLES MAINOR
District 31 (Hudson)
Assemblyman VINCENT PRIETO
District 32 (Bergen and Hudson)
SYNOPSIS
Provides for school and medical family leave.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning family leave and amending and supplementing P.L.1989, c.261.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 3 of P.L.1989, c.261 (C.34:11B-3) is amended to read as follows:
3. As used in this act:
a. "Child" means a biological, adopted, or resource family child, stepchild, legal ward, or child of a parent who is
(1) under 18 years of age; or
(2) 18 years of age or older but incapable of self-care because of a mental or physical impairment.
b. "Director" means the Director of the Division on Civil Rights.
c. "Division" means the Division on Civil Rights in the Department of Law and Public Safety.
d. "Employ" means to suffer or permit to work for compensation, and includes ongoing, contractual relationships in which the employer retains substantial direct or indirect control over the employee's employment opportunities or terms and conditions of employment.
e. "Employee" means a person who is employed for at least 12 months by an employer, with respect to whom benefits are sought under this act, for not less than 1,000 base hours during the immediately preceding 12-month period.
f. "Employer" means a person or corporation, partnership, individual proprietorship, joint venture, firm or company or other similar legal entity which engages the services of an employee and which:
(1) With respect to the period of time from the effective date of this act until the 365th day following the effective date of this act, employs 100 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year;
(2) With respect to the period of time from the 366th day following the effective date of this act until the 1,095th day following the effective date of this act, employs 75 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year; and
(3) With respect to any time after the 1,095th day following the effective date of this act, employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year. "Employer" includes the State, any political subdivision thereof, and all public offices, agencies, boards or bodies.
g. "Employment benefits" means all benefits and policies provided or made available to employees by an employer, and includes group life insurance, health insurance, disability insurance, sick leave, annual leave, pensions, or other similar benefits.
h. "Parent" means a person who is the biological parent, adoptive parent, resource family parent, step-parent, parent-in-law or legal guardian, having a "parent-child relationship" with a child as defined by law, or having sole or joint legal or physical custody, care, guardianship, or visitation with a child.
i. "Family leave" means leave from employment so that the employee may [provide]:
(1) Provide care made necessary by reason of [:
(1)] the birth of a child of the employee;
[(2)] the placement of a child with the employee in connection with adoption of such child by the employee; or
[(3)] the serious health condition of a family member of the employee;
(2) Attend or participate in school functions or activities of a child of the employee, including, but not limited to, theatrical productions, sporting events, classroom observations, parent-teacher conferences or other meetings concerning the education of the child; or
(3) Accompany the child to routine medical or dental appointments, including checkups or vaccinations.
j. "Family member" means a child, parent, or spouse.
k. "Reduced leave schedule" means leave scheduled for fewer than an employee's usual number of hours worked per workweek but not for fewer than an employee's usual number of hours worked per workday, unless agreed to by the employee and the employer.
l. "Serious health condition" means an illness, injury, impairment, or physical or mental condition which requires:
(1) inpatient care in a hospital, hospice, or residential medical care facility; or
(2) continuing medical treatment or continuing supervision by a health care provider.
m. "School" means any public school or private school, as defined in N.J.S.18A:1-1.
(cf: P.L.2006, c.103, s.89)
2. Section 4 of P.L.1989, c.261 (C.34:11B-4) is amended to read as follows:
4. An employee of an employer in this State subject to the provisions of this act shall be entitled to a family leave of 12 weeks in any 24-month period upon advance notice to the employer, unless the employer denies family leave to the employee pursuant to subsection h. of this section, and the employee shall be entitled to the additional 48 hours of family leave made available by the provisions of section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).
a. In the case of a family member who has a serious health condition, the leave may be taken intermittently when medically necessary, if:
(1) The total time within which the leave is taken does not exceed a 12-month period for each serious health condition episode;
(2) The employee provides the employer with prior notice of the leave in a manner which is reasonable and practicable; and
(3) The employee makes a reasonable effort to schedule the leave so as not to disrupt unduly the operations of the employer.
b. In the case of the birth or adoption of a healthy child, the leave may be taken intermittently if agreed to by the employer and the employee.
c. Leave taken because of the birth or placement for adoption of a child may commence at any time within a year after the date of the birth or placement for adoption.
d. Family leave required by this act, including leave provided pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), may be paid, unpaid, or a combination of paid and unpaid leave. If an employer provides paid family leave for fewer than 12 workweeks, the additional weeks of leave added to attain the 12-workweek total required by this act may be unpaid.
e. An employer may require that any period of family leave related to a serious health condition of a family member of the employee or the birth or placement for adoption of the employee's child be supported by certification issued by a duly licensed health care provider or any other health care provider determined by the director to be capable of providing adequate certification.
(1) Where the certification is for the serious health condition of a family member of the employee, the certification shall be sufficient if it states: (a) the date on which the serious health condition commenced; (b) the probable duration of the condition; and (c) the medical facts within the provider's knowledge regarding the condition;
(2) Where the certification is for the birth or placement for adoption of the child, the certification need only state the date of birth or date of placement, whichever is appropriate.
In any case in which the employer has reason to doubt the validity of the certification provided pursuant to paragraph (1) of this subsection, the employer may require, at its own expense, that an employee obtain an opinion regarding the serious health condition from a second health care provider designated or approved, but not employed on a regular basis, by the employer. If the second opinion differs from the certification provided pursuant to paragraph (1) of this subsection, the employer may require, at its own expense, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employer and the employee concerning the serious health condition. The opinion of the third health care provider shall be considered to be final and shall be binding on the employer and the employee.
f. In any case in which the necessity for leave under this act is foreseeable, based upon an expected birth or placement of the child for adoption, the employee shall provide the employer with prior notice of the expected birth or placement of the child for adoption in a manner which is reasonable and practicable.
g. No employee shall, during any period of leave taken pursuant to this section, perform services on a full-time basis for any person for whom the employee did not provide those services immediately prior to commencement of the leave.
h. An employer may deny family leave to the employee if:
(1) The employee is a salaried employee who is among the highest paid 5% of the employer's employees or the seven highest paid employees of the employer, whichever is greater;
(2) The denial is necessary to prevent substantial and grievous economic injury to the employer's operations; and
(3) The employer notifies the employee of its intent to deny the leave at the time the employer determines that the denial is necessary.
i. In any case in which the leave has already commenced at the time of the notification pursuant to paragraph (3) of subsection h. of this section, the employee shall return to work within 10 working days of the date of notification.
(cf: P.L.1989, c.261, s.4)
3. (New section) An employee of an employer subject to the provisions of P.L.1989, c.261 (C.34:11B-1 et seq.), shall be entitled, in addition to the 12 weeks of family leave to which the employee is entitled during any 24-month period pursuant to the provisions of section 4 of P.L.1989, c.261 (C:34:11B-4), to a total of 48 hours of leave during any 12-month period to: attend or participate in school functions or activities of a child of the employee, including, but not limited to, theatrical productions, sporting events, classroom observations, parent-teacher conferences or other meetings concerning the education of the child; or accompany the child to routine medical or dental appointments, including checkups or vaccinations. Notwithstanding any other provision of law, the employee shall have the option of taking leave pursuant to this section in increments as short as two hours. If the necessity for leave taken pursuant to this section is foreseeable, the employee shall provide the employer with notice not less than seven
days before the leave. If the necessity for leave is not foreseeable, the employee shall provide the employer with such notice as soon as is practicable.
4. This act shall take effect immediately.
STATEMENT
This bill amends the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) to provide up to 48 hours of leave time during any 12-month period for an employee covered under that act so that the employee may:
1. Attend or participate in school functions or activities of a child of the employee, including theatrical productions, sporting events, classroom observations, parent-teacher conferences or other meetings concerning the education of the child; or
2. Accompany the child to routine medical or dental appointments, including checkups or vaccinations.
The bill gives the employee the option of taking the leave in increments as short as two hours.
