Establishes protected leave under "Family Leave Act" and family temporary disability leave benefits for bereavement for death of child, miscarriage, stillbirth, and certain other circumstances.

A2198 TR

ASSEMBLY, No. 2198

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman SHANIQUE SPEIGHT

District 29 (Essex and Hudson)

Assemblyman WILLIAM B. SAMPSON, IV

District 31 (Hudson)

Co-Sponsored by:

Assemblymen Miller, G.Rodriguez, Assemblywomen Katz, Swain,
Assemblyman Karabinchak, Assemblywomen Reynolds-Jackson, Haider, Carter,
Peterpaul, Donlon, Park, McCoy, Assemblyman Angelozzi and Assemblywoman Brennan

SYNOPSIS

���� Establishes protected leave under "Family Leave
Act" and family temporary disability leave benefits for bereavement for
death of child, miscarriage, stillbirth, and certain other circumstances.

CURRENT VERSION OF TEXT

���� As reported by the Assembly Labor Committee with
technical review.

��

An Act
concerning bereavement leave for certain circumstances
and amending P.L.1989, c.261 and P.L.1948, c.110.�

����
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
]

P.L.1989,
c.261 (C.34:11B-3)
:

���� a.���� "Child" means
a biological, adopted, foster child, or resource family child, stepchild, legal
ward, or child of a parent, including a child who becomes the child of a parent
pursuant to a valid written agreement between the parent and a gestational
carrier.

���� 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
]

P.L.1989,
c.261 (C.34:11B-1 et seq.)
, for not less than 1,000 base hours during the
immediately preceding 12-month period.� Any time, up to a maximum of 90
calendar days, during which a person is laid off or furloughed by an employer
due to that employer curtailing operations because of a state of emergency
declared after October 22, 2012, shall be regarded as time in which the person
is employed for the purpose of determining eligibility for leave time under
[
this act
]

P.L.1989,
c.261 (C.34:11B-1 et seq.)
. In making the determination, the base hours per
week during the layoff or furlough shall be deemed to be the same as the
average number of hours worked per week during the rest of the 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)�� (Deleted by amendment,
P.L.2019, c.37);

���� (2)�� (Deleted by amendment,
P.L.2019, c.37);

���� (3)�� With respect to the
period of time from the 1,095th day following the effective date of P.L.1989,
c.261 (C.34:11B-1 et seq.) through June 30, 2019, 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; and

���� (4)�� With respect to any
period of time on or after June 30, 2019, employs 30 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, foster 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, or who became the parent of the child pursuant to a valid written
agreement between the parent and a gestational carrier.

���� i.���� "Family
leave" means leave from employment so that the employee may provide care
made necessary by reason of:

���� (1)�� the birth of a child of
the employee, including a child born pursuant to a valid written agreement
between the employee and a gestational carrier;

���� (2)�� the placement of a child
into foster care with the employee or in connection with adoption of such child
by the employee;

���� (3)�� the serious health
condition of a family member of the employee; or

���� (4)�� in the event of a state
of emergency declared by the Governor, or when indicated to be needed by the
Commissioner of Health or other public health authority, an epidemic of a
communicable disease, a known or suspected exposure to the communicable disease,
or efforts to prevent spread of a communicable disease, which:

���� (a)�� requires in-home care or
treatment of a child due to the closure of the school or place of care of the
child of the employee, by order of a public official due to the epidemic or
other public health emergency;

���� (b)�� prompts the issuance by
a public health authority of a determination, including by mandatory
quarantine, requiring or imposing responsive or prophylactic measures as a
result of illness caused by an epidemic of a communicable disease or known or
suspected exposure to the communicable disease because the presence in the
community of a family member in need of care by the employee, would jeopardize
the health of others; or

���� (c)�� results in the
recommendation of a health care provider or public health authority, that a
family member in need of care by the employee voluntarily undergo
self-quarantine as a result of suspected exposure to a communicable disease
because the presence in the community of that family member in need of care by
the employee, would jeopardize the health of others.

���� �
Family leave� also means
leave from employment for bereavement purposes due to the death or stillbirth
of a child of the employee or a gestational carrier, or an unsuccessful
adoption that had been pending and planned by the employee.

����
�Family leave� also means
leave from employment for bereavement purposes due to the miscarriage,
including chemical pregnancy, ectopic pregnancy, and molar pregnancy, or
termination for medical reasons of a pregnancy of:

����
(1)�� the employee;

����
(2)�� the
spouse, domestic partner, or civil union partner of the employee;

����
(3)�� a person with whom
the employee anticipated having a child; or

����
(4)�� a gestational carrier.

����
�Family leave� also means
leave for bereavement purposes due to a failed fertility treatment of the
employee, the spouse, domestic partner, or civil union partner of the employee,
including, but not limited to, intrauterine insemination and assisted
reproductive technology.

����
With respect to employees
who are eligible for leave pursuant to the �Family Leave Act,� P.L.1989, c.261
(C.34:11B-1 et seq.), notwithstanding any other provision to the contrary,
leave for bereavement purposes shall be limited as follows:

����
(1)�� For bereavement
related to a circumstance for which the employee would not otherwise be
eligible for any other kind of leave� and benefits under the "Family Leave
Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the "Temporary Disability
Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17
(C.43:21-39.1 et seq.), the employee may take leave for not more than 21 days
immediately following the date of the event which is the reason for the
bereavement.

����
(2)�� For bereavement
related to a circumstance for which the employee would be otherwise eligible
for leave or benefits under the "Family Leave Act," P.L.1989, c.261
(C.34:11B-1 et seq.), the "Temporary Disability Benefits Law," P.L.1948,
c.110 (C.43:21-25 et al.), or P.L.2008, c.17 (C.43:21-39.1 et seq.), the
employee may take leave for not more than seven days immediately following the
date of the event which is the reason for the bereavement.

����
Benefits payable to an
employee who takes leave for bereavement purposes under this subsection i.
shall be paid as family temporary disability leave benefits in accordance with P.L.2008,
c.17 (C.43:21-39.1 et seq.).

����
Nothing in this subsection
i. increases the maximum amount of family leave provided pursuant to the
�Family Leave Act,� P.L.1989, c.261 (C.34:11B-1 et seq.).

���� j.���� "Family
member" means a child, parent, parent-in-law, sibling, grandparent,
grandchild, spouse, domestic partner, or one partner in a civil union couple,
or any other individual related by blood to the employee, and any other
individual that the employee shows to have a close association with the
employee which is the equivalent of a family relationship.

���� 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.�� "State of
emergency" means a natural or man-made disaster or emergency for which a
state of emergency has been declared by the President of the United States or
the Governor, or for which a state of emergency has been declared by a
municipal emergency management coordinator.

���� n.��� "Health care
provider" means a duly licensed health care provider or other health care
provider deemed appropriate by the director.

(cf: P.L.2020, c.23, s.1)

���� 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 in the manner specified by the provisions of sections 11 and 12 of P.L.2008,
c.17 (C.43:21-39.2 and 43:21-39.3), unless the employer denies family leave to
the employee pursuant to subsection h. of this section.

���� a.���� In the case of a family
member who has a serious health condition, the leave may be taken
intermittently when medically necessary, in the manner specified by the
provisions of section 11 of P.L.2008, c.17 (C.43:21-39.2).

���� b.��� In the case of the
foster care placement, birth or adoption of a healthy child, the leave may be
taken intermittently in the manner specified by the provisions of paragraph (2)
of subsection a. of section 12 of P.L.2008, c.17 (C.43:21-39.3).

���� 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 foster care placement, birth or placement for
adoption.

���� d.��� Family leave required by
this act 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 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 as described in
paragraphs (1) and (2) of this subsection, or where the leave is for an
epidemic of a communicable disease, a known or suspected exposure to a
communicable disease, or efforts to prevent spread of a communicable disease,
certification issued by a school, place of care for children, public health
authority, public official, or health care provider, as described in paragraph
(3) of this subsection.

���� (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 of the child, the certification need only state
the date of birth or date of placement, whichever is appropriate;

���� (3)�� Where the certification
is for an epidemic of a communicable disease, a known or suspected exposure to
the communicable disease, or efforts to prevent spread of the communicable
disease, the certification shall be sufficient if it includes:

���� (a)�� for leave taken to
provide in-home care or treatment of a child due to the closure of the school
or place of care of the child of the employee, by order of a public official
due to the epidemic or other public health emergency, the date on which the
closure of the school or place of care of the child of the employee commenced
and the reason for such closure;

���� (b)�� for leave taken due to a
public health authority's issuance of a determination requiring or imposing
responsive or prophylactic measures as a result of illness caused by an
epidemic of a communicable disease or known or suspected exposure to the
communicable disease because the presence in the community of a family member
in need of care by the employee would jeopardize the health of others, the date
of issuance of the determination and the probable duration of the
determination; or

���� (c)�� for leave taken because
a health care provider or public health authority recommends that a family
member in need of care by the employee voluntarily undergo self-quarantine as a
result of suspected exposure to a communicable disease because the presence in
the community of that family member in need of care by the employee would
jeopardize the health of others, the date of the recommendation, the probable
duration of the condition, and the medical or other facts within the health
care provider or public health authority's knowledge regarding the condition.

����
(4)�� Where the
certification is for the death, miscarriage, or stillbirth of the child, or
termination of the pregnancy for medical reasons, the certification need only
state the date of death, miscarriage, or stillbirth, or termination, 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 placement of
a child into foster care 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 or foster care in the
manner specified by the provisions of section 11 of P.L.2008, c.17
(C.43:21-39.2).

���� 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.

���� The provisions of this
subsection shall not apply when, in the event of a state of emergency declared
by the Governor or when indicated to be needed by the Commissioner of Health or
other public health authority, the family leave is for an epidemic of a communicable
disease, a known or suspected exposure to a communicable disease, or efforts to
prevent spread of a communicable disease.

���� 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.

���� j.���� In the case of leave
taken due to an epidemic of a communicable disease, a known or suspected
exposure to the communicable disease, or efforts to prevent spread of the
communicable disease, the leave may be taken intermittently if: (1) the covered
individual provides the employer with prior notice of the leave as soon as
practicable; and (2) the covered individual makes a reasonable effort to
schedule the leave so as not to unduly disrupt the operations of the employer
and, if possible, provide the employer, prior to the commencement of the
intermittent leave, with a regular schedule of the day or days of the week on
which the intermittent leave will be taken.

(cf: P.L.2020, c.23, s.2)

����� 3.�� Section
3 of P.L.1948, c.110 (C.43:21-27) is amended to read as follows:

����� 3.�� As
used in
[
this act
]

P.L.1948, c.110 (C.43:21-25 et al.)
, unless
the context clearly requires otherwise:

����� (a)�
(1)� "Covered employer" means, with respect to whether an employer is
required to provide benefits during an employee's own disability pursuant to
P.L.1948, c.110 (C.43:21-25 et al.), any individual or type of organization,
including any partnership, association, trust, estate, joint-stock company,
insurance company or corporation, whether domestic or foreign, or the receiver,
trustee in bankruptcy, trustee or successor thereof, or the legal
representative of a deceased person, who is an employer subject to the
"unemployment compensation law" (R.S.43:21-1 et seq.), except the
State, its political subdivisions, and any instrumentality of the State unless
such governmental entity elects to become a covered employer pursuant to
paragraph (2) of this subsection (a); provided, however, that commencing with
the effective date of
[
this act
]

P.L.1989, c.261 (C.34:11B-1 et seq.)
, the
State of New Jersey, including Rutgers, The State University and the New Jersey
Institute of Technology, shall be deemed a covered employer, as defined herein.

����� "Covered
employer" means, after June 30, 2009, with respect to whether the employer
is an employer whose employees are eligible for benefits during periods of
family temporary disability leave pursuant to P.L.1948, c.110 (C.43:21-25 et
al.), and, after December 31, 2008, whether employees of the employer are
required to make contributions pursuant to R.S.43:21-7(d)(1)(G)(ii), any
individual or type of organization, including any partnership, association,
trust, estate, joint-stock company, insurance company or domestic or foreign
corporation, or the receiver, trustee in bankruptcy, trustee or successor
thereof, or the legal representative of a deceased person, who is an employer
subject to the "unemployment compensation law" (R.S.43:21-1 et seq.),
including any governmental entity or instrumentality which is an employer under
R.S.43:21-19(h)(5), notwithstanding that the governmental entity or
instrumentality has not elected to be a covered employer pursuant to paragraph
(2) of this subsection (a).

����� (2)� Any
governmental entity or instrumentality which is an employer under
R.S.43:21-19(h)(5) may, with respect to the provision of benefits during an
employee's own disability pursuant to P.L.1948, c.110 (C.43:21-25 et al.),
elect to become a "covered employer" under this subsection beginning
with the date on which its coverage under R.S.43:21-19(h)(5) begins or as of
January 1 of any year thereafter by filing written notice of such election with
the division within at least 30 days of the effective date. Such election shall
remain in effect for at least two full calendar years and may be terminated as
of January 1 of any year thereafter by filing with the division a written
notice of termination at least 30 days prior to the termination date.

����� (b)�
(1)� "Covered individual" means, with respect to whether an
individual is eligible for benefits during an individual's own disability
pursuant to P.L.1948, c.110 (C.43:21-25 et al.), any person who is in
employment, as defined in the "unemployment compensation law"
(R.S.43:21-1 et seq.), for which the individual is entitled to remuneration
from a covered employer, or who has been out of such employment for less than
two weeks, except that a "covered individual" who is employed by the
State of New Jersey, including Rutgers, The State University or the New Jersey
Institute of Technology, or by any governmental entity or instrumentality which
elects to become a "covered employer" pursuant to P.L.1948. c.110
(C.43:21-25 et al.) prior to July 1, 2019 shall not be eligible to receive any
benefits under the "Temporary Disability Benefits Law" until such
individual has exhausted all sick leave accumulated as an employee in the
classified service of the State or accumulated under terms and conditions
similar to classified employees or accumulated under the terms and conditions
pursuant to the laws of this State or as the result of a negotiated contract
with any governmental entity or instrumentality which elects to become a
"covered employer"; and, after June 30, 2019 may be required, prior
to receiving any benefits under the "Temporary Disability Benefits
Law," to use up to two weeks of sick leave accumulated as an employee in
the classified service of the State or accumulated under terms and conditions
similar to classified employees or accumulated under the terms and conditions
pursuant to the laws of this State or as the result of a negotiated contract
with any governmental entity or instrumentality which elects to become a
"covered employer," except that the individual shall not be required
to use the individual's last week's worth of accumulated sick time before
receiving the benefits.

����� "Covered
individual" shall not mean, with respect to whether an individual is
eligible for benefits during an individual's own disability pursuant to
P.L.1948, c.110 (C.43:21-25 et al.), any member of the Division of State Police
in the Department of Law and Public Safety.

����� (2)� "Covered
individual" means, with respect to whether an individual is eligible for
benefits during the individual's period of family temporary disability leave
pursuant to P.L.1948, c.110 (C.43:21-25 et al.), any individual who is in
employment, as defined in the "unemployment compensation law"
(R.S.43:21-1 et seq.), for which the individual is entitled to remuneration
from a covered employer, or who has been out of that employment for less than
two weeks.

����� (c)� "Division"
or "commission" means the Division of
[
Unemployment and
]
Temporary Disability
and Family Leave

Insurance of the Department of Labor and Workforce Development, and any
transaction or exercise of authority by the director of the division shall be
deemed to be performed by the division.

����� (d) "Day"
shall mean a full calendar day beginning and ending at midnight.

����� (e)� "Disability"
shall mean such disability as is compensable under section 5 of P.L.1948, c.110
(C.43:21-29).

����� (1)� "Disability"
shall, in the event of a state of emergency declared by the Governor, or when
indicated to be needed by the Commissioner of Health or other public health
authority, also include an illness caused by an epidemic of a communicable disease,
a known or suspected exposure to the communicable disease, or efforts to
prevent spread of the communicable disease, which requires in-home care or
treatment of the employee due to:

����� (i)�� the
issuance by a healthcare provider or the commissioner or other public health
authority of a determination that the presence in the community of the employee
may jeopardize the health of others; and

����� (ii)� the
recommendation, direction, or order of the provider or authority that the
employee be isolated or quarantined as a result of suspected exposure to a
communicable disease.

����� (f)� "Disability
benefits" shall mean any cash payments which are payable to a covered
individual for all or part of a period of disability pursuant to P.L.1948,
c.110 (C.43:21-25 et al.).

����� (g)� "Period
of disability" with respect to any covered individual shall mean:

����� (1)� The
entire period of time during which the covered individual is continuously and
totally unable to perform the duties of the covered individual's employment
because of the covered individual's own disability, except that two periods of
disability due to the same or related cause or condition and separated by a
period of not more than 14 days shall be considered as one continuous period of
disability; provided the individual has earned wages during such 14-day period
with the employer who was the individual's last employer immediately preceding
the first period of disability; and

����� (2)� On
or after July 1, 2009, the entire period of family temporary disability leave
taken from employment by the covered individual.

����� (h)� "Wages"
shall mean all compensation payable by covered employers to covered individuals
for personal services, including commissions and bonuses and the cash value of
all compensation payable in any medium other than cash.

����� (i)�� (1)
(Deleted by amendment, P.L.2001, c.17).

����� (2)� (Deleted
by amendment, P.L.2001, c.17).

����� (3)� (Deleted
by amendment, P.L.2013, c.221).

����� (4)� "Base
week" with respect to periods of disability commencing on or after January
1, 2001, means any calendar week of a covered individual's base year during
which the covered individual earned in employment from a covered employer
remuneration not less than an amount 20 times the minimum wage in effect
pursuant to section 5 of P.L.1966, c.113 (C.34:11-56a4) on October 1 of the
calendar year preceding the calendar year in which the benefit year commences,
which amount shall be adjusted to the next higher multiple of $1.00 if not
already a multiple thereof, except that if in any calendar week an individual
subject to this paragraph is in employment with more than one employer, the
covered individual may in that calendar week establish a base week with respect
to each of the employers from whom the covered individual earns remuneration
equal to not less than the amount defined in this paragraph during that week.

����� (5)� In
the case of an individual who is laid off or furloughed by an employer
curtailing operations because of a state of emergency declared after October
22, 2012, any week in which the individual is separated from employment due to
that layoff or furlough, up to a maximum of 13 weeks, shall be regarded as a
week which is a "base week" for the purpose of determining whether
the individual becomes eligible for benefits pursuant to subsection (d) or (e)
of section 17 of P.L.1948, c.110 (C.43:21-41), but shall not be regarded as a
base week when calculating the "average weekly wage" pursuant to
subsection (j) of this section.

����� (j)�
(1)� "Average weekly wage" means, with respect to the payment of
benefits commencing before the effective date of P.L.2019, c.37 (C.43:21-45.2
et al.), the amount derived by dividing a covered individual's total wages
earned from the individual's most recent covered employer during the base weeks
in the eight calendar weeks immediately preceding the calendar week in which a
period of disability commenced, by the number of such base weeks, and, with
respect to the payment of benefits commencing on or after the effective date of
P.L.2019, c.37 (C.43:21-45.2 et al.), the amount derived by dividing a covered
individual's total wages earned from the individual's most recent covered
employer during the base weeks in the base year immediately preceding the calendar
week in which a period of disability commenced, or in which the individual
submits a claim for the benefits pursuant to subsection h. of section 10 of
P.L.2008, c.17 (C.43:21-39.1) or paragraph (3) of subsection (a) of section 25
of P.L.1948, c.110 (C.43:21-49), by the number of base weeks.

����� (2)� With
respect to the payment of benefits commencing before the effective date of
P.L.2019, c.37 (C.43:21-45.2 et al.), if the computation in paragraph (1) of
this subsection (j) yields a result which is less than the individual's average
weekly earnings in employment with all covered employers during the base weeks
in such eight calendar weeks, then the average weekly wage shall be computed on
the basis of earnings from all covered employers during the base weeks in the
eight calendar weeks immediately preceding the week in which the period of
disability commenced, and, with respect to the payment of benefits commencing
on or after the effective date of P.L.2019, c.37 (C.43:21-45.2 et al.), if the
computation in paragraph (1) of this subsection (j) yields a result which is
less than the individual's average weekly earnings in employment with all
covered employers during the base weeks in the base year, then the average
weekly wage shall be computed on the basis of earnings from all covered
employers during the base weeks in the base year immediately preceding the week
in which the period of disability commences, or in which the individual submits
a claim for the benefits pursuant to subsection h. of section 10 of P.L.2008,
c.17 (C.43:21-39.1) or paragraph (3) of subsection (a) of section 25 of
P.L.1948, c.110 (C.43:21-49).

����� (3)� For
periods of disability commencing on or after July 1, 2009 and before the
effective date of P.L.2019, c.37 (C.43:21-45.2 et al.), if the computations in
paragraphs (1) and (2) of this subsection (j) both yield a result which is less
than the individual's average weekly earnings in employment with all covered
employers during the base weeks in the 26 calendar weeks immediately preceding
the week in which the period of disability commenced, then the average weekly
wage shall, upon a written request to the department by the individual on a
form provided by the department, be computed by the department on the basis of
earnings from all covered employers of the individual during the base weeks in
those 26 calendar weeks, and, in the case of a claim for benefits from a
private plan, that computation of the average weekly wage shall be provided by
the department to the individual and the individual's employer.

����� When
determining the "average weekly wage" with respect to a period of
family temporary disability leave for an individual who has a period of family
temporary disability immediately after the individual has a period of
disability for the individual's own disability, the period of disability is
deemed to have commenced at the beginning of the period of disability for the
individual's own disability, not the period of family temporary disability.

����� (k)� "Child"
means a biological, adopted, or foster child, stepchild or legal ward of a
covered individual, child of a domestic partner of the covered individual, or
child of a civil union partner of the covered individual, including a child who
becomes the child of a parent pursuant to a valid written agreement between the
parent and a gestational carrier.

����� (l)�� "Domestic
partner" means a domestic partner as defined in section 3 of P.L.2003,
c.246 (C.26:8A-3).

����� (m) "Civil
union" means a civil union as defined in section 2 of P.L.2006, c.103
(C.37:1-29).

����� (n)� "Family
member" means a sibling, grandparent, grandchild, child, spouse, domestic
partner, civil union partner, parent-in-law, or parent of a covered individual,
or any other individual related by blood to the employee, and any other
individual that the employee shows to have a close association with the
employee which is the equivalent of a family relationship.

����� (o)� "Family
temporary disability leave" means leave taken by a covered individual from
work with an employer to:

����� (1)� participate
in the providing of care, as defined in the "Family Leave Act,"
P.L.1989, c.261 (C.34:11B-1 et seq.) and regulations adopted pursuant to that
act, for a family member of the individual made necessary by a serious health
condition of the family member;

����� (2)� be
with a child during the first 12 months after the child's birth, if the
individual, or the domestic partner or civil union partner of the individual,
is a biological parent of the child, or is a parent of the child pursuant to a
valid gestational carrier agreement, or the first 12 months after the placement
of the child for adoption or as a foster child with the individual;

����� (3)� engage
in activities for which unpaid leave may be taken pursuant to section 3 of the
"New Jersey Security and Financial Empowerment Act," P.L.2013, c.82
(C.34:11C-3), on the individual's own behalf, if the individual is a victim of
an incident of domestic violence, a sexually violent offense, or to assist a
family member of the individual who has been a victim of an incident of
domestic violence, or a sexually violent offense, provided that any time taken
by an individual who has been a victim of an incident of domestic violence, or
a sexually violent offense for which the individual receives benefits for a
disability caused by the violence or offense shall be regarded as a period of
disability of the individual and not as a period of family temporary disability
leave;
[
or
]

����� (4)� in
the event of a state of emergency declared by the Governor, or when indicated
to be needed by the Commissioner of Health or other public health authority, an
epidemic of a communicable disease, a known or suspected exposure to the
communicable disease, or efforts to prevent spread of the communicable disease,
provide in-home care or treatment of the family member of the employee required
due to:

����� (i)�� the
issuance by a healthcare provider or the commissioner or other public health
authority of a determination that the presence in the community of the family
member may jeopardize the health of others; and

����� (ii)� the
recommendation, direction, or order of the provider or authority that the
family member be isolated or quarantined as a result of suspected exposure to a
communicable disease
;

�����
(5)� grieve
the death of a child or the loss of a child due to miscarriage, stillbirth, or
termination for medical reasons of a pregnancy, if the individual, or the
spouse, domestic partner, or civil union partner of the individual, is a
biological parent of the child, or is a parent of the child pursuant to a valid
gestational carrier agreement;

�����
(6)� grieve
an unsuccessful adoption that had been pending and planned by the individual;
or

�����
(7)� grieve
an unsuccessful fertility treatment, including, but not limited to,
intrauterine insemination and assisted reproductive technology of the
individual, the spouse, domestic partner, or civil union partner of the
individual
.

�����
With
respect to individuals who are eligible for benefits pursuant to the
"Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et
al.), or P.L.2008, c.17 (C.43:21-39.1 et seq.), notwithstanding any other
provision to the contrary, family temporary disability leave for bereavement
purposes shall be limited as follows:

�����
(1)� For
bereavement related to a circumstance for which the individual would not
otherwise be eligible for benefits under the "Temporary Disability
Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17
(C.43:21-39.1 et seq.), the individual may receive benefits for not more than
21 days immediately following the date of the event which is the reason for the
bereavement.

�����
(2)� For
bereavement related to a circumstance for which the individual would otherwise
be eligible for benefits under the "Temporary Disability Benefits
Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17 (C.43:21-39.1
et seq.), the individual may receive benefits for not more than seven days
immediately following the date of the event which is the reason for the
bereavement.

�����
Benefits
payable to an employee who takes leave for bereavement purposes under
subparagraphs (5), (6), or (7) of this paragraph (o) shall be paid as family
temporary disability leave benefits in accordance with P.L.2008, c.17
(C.43:21-39.1 et seq.).

�����
Nothing
in subparagraphs (5), (6), or (7) of this paragraph (o) increases the maximum
amount of family temporary disability leave provided pursuant to P.L.2008, c.17
(C.43:21-39.1 et seq.).

����� "Family
temporary disability leave" does not include any period of time in which a
covered individual is paid benefits pursuant to P.L.1948, c.110 (C.43:21-25 et
al.) because the individual is unable to perform the duties of the individual's
employment due to the individual's own disability.

����� (p)� "Health
care provider" means a health care provider as defined in the "Family
Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), and any regulations
adopted pursuant to that act.

����� (q)� "Parent
of a covered individual" means a biological parent, foster parent,
adoptive parent, or stepparent of the covered individual or a person who was a
legal guardian of the covered individual when the covered individual was a
child, or who became the parent of the covered individual pursuant to a valid
written agreement between the parent and a gestational carrier.

����� (r)� "Placement
for adoption" means the time when a covered individual adopts a child or
becomes responsible for a child pending adoption by the covered individual.

����� (s)� "Serious
health condition" means an illness, injury, impairment or physical or
mental condition which requires: inpatient care in a hospital, hospice, or
residential medical care facility; or continuing medical treatment or
continuing supervision by a health care provider.�

����� (t)� "12-month
period" means, with respect to an individual who establishes a valid claim
for disability benefits during a period of family temporary disability leave,
the 365 consecutive days that begin with the first day that the individual
first establishes the claim.

����� (u)� "State
of emergency" means a natural or man-made disaster or emergency for which
a state of emergency has been declared by the President of the United States or
the Governor, or for which a state of emergency has been declared by a
municipal emergency management coordinator.

����� (v)� "Base
year" with respect to benefit years commencing on or after the effective
date of P.L.2019, c.37 (C.43:21-45.2 et al.), means the first four of the last
five completed calendar quarters immediately preceding the period of
disability, except that, if the individual does not have sufficient qualifying
weeks or wages in the individual's base year to qualify for benefits, the
individual shall have the option of designating that the individual's base year
shall be the "alternative base year," which means the last four
completed calendar quarters immediately preceding the period of disability; and
except that if the individual also does not have sufficient qualifying weeks or
wages in the last four completed calendar quarters immediately preceding the
period of disability, "alternative base year" means the last three
completed calendar quarters immediately preceding the individual's benefit year
and, of the calendar quarter in which the period of disability commences, the
portion of the quarter which occurs before the commencing of the period of
disability.� The division shall inform the individual of the individual's
options under this subsection.� If information regarding weeks and wages for
the calendar quarter or quarters immediately preceding the period of disability
is not available to the division from the regular quarterly reports of wage
information and the division is not able to obtain the information using other
means pursuant to State or federal law, the division may base the determination
of eligibility for benefits on the affidavit of an individual with respect to
weeks and wages for that calendar quarter.� The individual shall furnish
payroll documentation, if available, in support of the affidavit.� A
determination of benefits based on an alternative base year shall be adjusted
when the quarterly report of wage information from the employer is received if
that information causes a change in the determination.

(cf:
P.L.2020, c.23, s.3)

���� 4.��� This act shall take
effect one year following the date of enactment.