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New Jersey Family Medical Leave Act expands in July 2026: what employers need to know

6/5/26

By: Emily Drennan

The New Jersey Family Leave Act (“NJFLA”) is expanding in July 2026, imposing major ramifications for small business in NJ. More employers than ever will be covered under The Act. Far more employees will be eligible for protected leave pursuant to the following changes:

• Employers with 15 to 30 employees will be covered by the law for the first time;
• The minimum employment period prior to leave will be lowered from 12 months to 3 months; and
• The required hours worked in the year prior to leave will be lowered from 1,000 to 250.

Further, any employee returning from leave related to their own medical condition who was eligible for Temporary Disability Insurance or Family Leave Insurance benefits must also be restored to the position held when the leave commenced or to an equivalent position of like seniority, status, employment benefits, pay, and other terms and conditions of employment.

Currently, the NJFLA provides eligible employees up to 12 weeks of unpaid, job-protected leave in a 24-month period for qualifying family events including: caring for a family member, bonding with a new child, or addressing certain school or care closures during a public health emergency.

Effective July 17, 2026, the law will significantly broaden coverage by applying to companies that employ 15 or more employees, regardless of where they are located. Even an out of state company that has 15 employees and only one located in New Jersey will be covered under NJFLA. Employee headcount will be measured by the number of employees for each working day during each of 20 or more calendar workweeks in the then current or immediately preceding calendar year.

The Act also reduces employee eligibility requirements.  To be eligible for leave, employees need only be employed for three months and worked more than 250 hours in the preceding 12-month period.

As a result, many smaller and out-of-state employers with New Jersey employees will be covered for the first time and should prepare to update their leave policies and compliance practices.

FMG’s New Jersey labor and employment attorneys have extensive experience advising business on leave law compliance. For more information, contact Emily Drennan at emily.drennan@fmglaw.com or your local FMG attorney.

Information conveyed herein should not be construed as legal advice or represent any specific or binding policy or procedure of any organization. Information provided is for educational purposes only. These materials are written in a general format and not intended to be advice applicable to any specific circumstance. Legal opinions may vary when based on subtle factual distinctions. All rights reserved. No part of this presentation may be reproduced, published or posted without the written permission of Freeman Mathis & Gary, LLP.