New Jersey Expands Anti-Discrimination and Family Leave Notice Requirements
New Jersey now requires employers to provide annual notice to employees regarding their rights under New Jersey’s Law Against Discrimination (NJLAD) and the New Jersey Family Leave Act (NJFLA). These notices must be completed by December 31, 2022 and continued annually moving forward.
New Jersey Law Against Discrimination (NJLAD)
New Jersey’s Law Against Discrimination prohibits discrimination and harassment in the workplace. Discrimination and harassment include actual or perceived bias or treatment based on race, religion, disability, age, sex, gender, military service, sexual orientation, nationality, pregnancy, partnership or union status, or atypical cellular or blood trait genetic information. This law protects employees from being harassed or discriminated against in all aspects of the work environment, including but not limited to: job recruitment, promotions, terminations, compensations, and more.
New Jersey Family Leave Act (NJFLA)
New Jersey’s Family Leave Act entitles certain employees to take up to 12 weeks of family leave in a 24-month period without losing their job. Employers are required under NJFLA to provide leave if one of these situations is occurring:
- The employer has at least 30 employees worldwide or is a government entity, regardless of size
- The employee has worked for the employer for at least 1 year and has worked at least 1,000 hours in the past 12 months
- The leave is being taken to:
- Care for or bond with a child within 1 year of the child’s birth or placement for adoption or foster care
- Care for a family member, or someone who is the equivalent of family, who has a serious health condition, or who has been isolated or quarantined because of suspected exposure to a communicable disease (including COVID-19) during a state of emergency
- Provide required care or treatment for a child during a state of emergency if their school or place of care is closed due to an epidemic of a communicable disease (including COVID-19) or other public health emergency
Who does this apply to?
NJLAD – Employers of all sizes
NJFLA – Employers with 30 or more employees
How do I comply?
All covered employers must provide a copy of the NJLAD and NJFLA posters to each employee annually and when requested. These notices can be provided numerous ways, including:
- Hard Copy
- Employer’s Website – Employees would still need to be notified annually that they have access to this information via the company website.
It was previously required that employers hang a physical copy of the NJLAD and NJFLA posters in the workplace. However, New Jersey now allows covered employers to display them on the company website as an alternative. All employees must be able to access the website and must be notified annually of the location of these posters. So whether the poster is physically posted in the office or linked to on the company website, employers must make their employees aware every year.
The posters have been updated and online access to them can be found here: NJLAD and NJFLA
If you have any further questions regarding the NJLAD or the NJFLA, contact an Abacus Payroll advisor today!
