Bill Text: NJ S507 | 2022-2023 | Regular Session | Introduced
Bill Title: Requires certain notices to be provided to individuals applying for temporary disability leave benefits.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-11 - Introduced in the Senate, Referred to Senate Labor Committee [S507 Detail]
Download: New_Jersey-2022-S507-Introduced.html
STATE OF NEW JERSEY
220th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2022 SESSION
Sponsored by:
Senator JOSEPH P. CRYAN
District 20 (Union)
SYNOPSIS
Requires certain notices to be provided to individuals applying for temporary disability leave benefits.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning temporary disability and family temporary disability leave and amending P.L.2019, c.37.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 24 of P.L.2019, c.37 (C.43:21-55.2) is amended to read as follows:
24. a. An employer shall 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 requested or took any temporary disability benefits pursuant to P.L.1948, c.110 (C.43:21-25 et al.), or family temporary disability leave benefits pursuant to P.L.2008, c.17 (C.43:21-39.1 et al.), including retaliation by refusing to restore the employee to employment following a period of leave, except that, pursuant to section 2 of P.L.1948, c.110 (C.43:21-26), nothing in this section or any other section of P.L.1948, c.110 (C.43:21-25 et al.) or P.L.2008, c.17 (C.43:21-39.1 et al.) shall be construed as increasing, reducing or otherwise modifying any entitlement provided to a worker by the provisions of the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) to be restored to employment by the employer after a period of family temporary disability leave.
b. Upon a violation of subsection a. of this section, an employee or former employee may institute a civil action in the Superior Court for relief. All remedies available in common law tort actions shall be available to a prevailing plaintiff. The court may also order any or all of the following relief:
(1) an assessment of a civil fine of not less than $1,000 and not more than $2,000 for the first violation of any of the provisions of this section and not more than $5,000 for each subsequent violation;
(2) an injunction to restrain the continued violation of any of the provisions of this section;
(3) reinstatement of the employee to the same position or to a position equivalent to that which the employee held prior to unlawful discharge or retaliatory action;
(4) reinstatement of full fringe benefits and seniority rights;
(5) compensation for any lost wages, benefits and other remuneration; and
(6) payment of reasonable costs and attorney's fees.
c. When a covered individual applies for temporary disability benefits the plan administering the covered individual's benefits shall provide notice of the application to the division.
d. Upon receiving notice of an individual applying for temporary disability benefits from a plan or upon receiving an application from an individual for benefits under the State plan, the division shall provide the individual with information concerning job protection during the period of disability, including the protections afforded by this section, the federal "Family and Medical Leave Act of 1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.), the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), and the "New Jersey Security and Financial Empowerment Act," P.L.2013, c.82 (C.34:11C-1 et seq.). The information provided shall include an explanation of the types of employers subject to each of those acts and an explanation of an employee's rights if the employer is not subject to those acts, and shall emphasize the provisions of subsection a. of this section prohibiting any employer subject to the provisions of P.L.1948, c.110 (C.43:21-25 et al.) or P.L.2008, c.17 (C.43:21-39.1 et al.) from retaliating against an employee for taking benefits under those acts by refusing to restore the employee to employment following a period of leave, unless the employer is expressly exempted by the provisions of the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.) from any requirement to restore the employee to employment after leave, and shall include a description of the remedies provided to employees by subsection b. of this section.
(cf: P.L.2019, c.37, s.24)
2. Pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), the Division of Temporary Disability Insurance of the Department of Labor and Workforce Development, in consultation with the Division of Civil Rights in the Department of Law and Public Safety, shall promulgate rules and regulations to effectuate the purposes of this act.
3. This act shall take effect on the first day of the fourth month next following enactment.
STATEMENT
This bill requires certain notices to be provided to individuals applying for temporary disability leave benefits.
The bill provides that, when a covered individual applies for temporary disability benefits, the plan administering the covered individual's benefits shall provide notice of the application to the division. Upon receiving notice of an individual applying for temporary disability benefits from a plan, the division shall provide the individual with information concerning job protection during the period of disability, including the protections afforded by State and federal law, with an emphasis on the prohibition under State law against employer retaliation.
