Requires employer to disclose information concerning leave eligibility in hiring package.

A1989

ASSEMBLY, No. 1989

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ANNETTE QUIJANO

District 20 (Union)

Assemblyman WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Co-Sponsored by:

Assemblywoman Murphy

SYNOPSIS

���� Requires employer to disclose information concerning
leave eligibility in hiring package.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning leave eligibility and supplementing Title 34
of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

����� 1.�� a.�
At the time that an employer makes an offer of employment to an applicant, the
employer shall disclose, in writing, information concerning the applicant�s
eligibility for leave under the "Family Leave Act," P.L.1989, c.261
(C.34:11B-1 et seq.), the federal "Family and Medical Leave Act of
1993," Pub.L.103-3 (29 U.S.C. s.2601 et seq.), family temporary disability
leave benefits under P.L.2008, c.17 (C.43:21-39.1 et al.), the "New Jersey
Security and Financial Empowerment Act," P.L.2013, c.82 (C.34:11C-1 et
seq.), and temporary disability benefits under the �Temporary Disability
Benefits Law,� P.L.1948, c.110 (C.43:21-25 et al.).� A disclosure through email
or by distribution of paper by mail or in person shall constitute disclosure in
writing in accordance with this subsection.

����� b.�� If
an applicant will not be eligible as an employee of the employer for any of the
leave or benefits for which disclosure is required in accordance with this
section, the employer shall notify the applicant of the applicant�s
ineligibility for each type of leave or benefit for which the applicant will be
ineligible to use as an employee of the employer, and the reason for the
applicant�s ineligibility.� As part of the disclosure required by this section,
the employer shall provide information to the applicant on how to access the
webpage concerning employee leave and benefits that the Department of Labor and
Workforce Development is required to maintain by section 1 of P.L.2015, c.248
(C.34:1A-1.15).

���� c.��� An
employer that fails to provide the information required by this section shall
be subject to a civil penalty of not more than $500 per violation, collectible
by the Commissioner of Labor and Workforce Development in a summary proceeding
pursuant to the "Penalty Enforcement Law of 1999," P.L.1999, c.274
(C.2A:58-10 et seq.).� Each failure to disclosure the information required by
this section to an applicant shall constitute one violation.

���� 2.��� This act shall take
effect on the first day of the second month next following the date of
enactment.

STATEMENT

����� This bill requires an employer to disclose an
applicant�s eligibility, or lack thereof, to access and utilize family and
disability leave and benefits provided for by State and federal law if the
applicant becomes an employee of the employer.� The disclosure is required to
be in writing.� As part of the disclosure, the bill requires the employer to
notify the applicant if the applicant will not be eligible for any of the leave
or benefits for which disclosure is required under the bill and provide the reason
for the ineligibility.� Additionally, under the employer is required to provide
information to access an informational webpage maintained by the Department of
Labor and Workforce Development concerning leave and benefits.� An employer
that does not provide the required disclosures and notifications under the bill
will be subject to a civil penalty of not more than $500 for each violation.