Family Matters: How the Upcoming Changes to the New Jersey Family Leave Act May Affect Your Workforce

By: Jonathan Landesman, Lauren N. Bess and Christopher A. Abruzzo

In construction, workforce planning is everything. Projects run on schedules, crews, and coordination. When key employees are unexpectedly out, even for legitimate reasons, the impact can be immediate: delayed timelines, increased overtime costs, and operational headaches.

That is why New Jersey’s upcoming expansion of the New Jersey Family Leave Act (“NJFLA”) matters to construction employers of all sizes, particularly smaller contractors who may never have dealt with these requirements before.

Beginning July 17, 2026, significantly more employees will qualify for protected leave, and significantly more employers will be required to provide it. For many contractors, this means updating policies, retraining supervisors, and preparing for staffing challenges before issues arise in the field. Employers who fail to comply could face discrimination or retaliation claims, costly litigation, and disruption to operations.

The good news? With proper planning, employers can position themselves to stay compliant while minimizing operational impact.

What is the NJFLA?

The NJFLA is a New Jersey law that gives eligible employees the right to take unpaid, job-protected leave for certain family-related reasons. The law is enforced by the New Jersey Division on Civil Rights.

Importantly, the NJFLA is different from the federal Family and Medical Leave Act (“FMLA”). Although the laws overlap in some ways, they are not identical, and employers often confuse the two.

Under the current NJFLA, eligible employees working for:

• State or local government employers; or
• Private employers with 30 or more employees

may take up to 12 weeks of unpaid, job-protected leave during a 24-month period if they have:

• Worked for the employer for at least 12 months; and
• Worked at least 1,000 hours during the prior 12 months.

Employees may take leave to:

• Bond with a newborn, adopted child, or foster child;
• Care for a family member with a serious health condition;
• Care for a family member during certain public health emergencies; or
• Care for a child whose school or place of care is closed during a public health emergency.

The leave may be taken all at once or intermittently, depending on the circumstances. When the leave ends, employees generally must be restored to the same position they previously held.

NJFLA vs. FMLA: What Is the Difference?

This is where many employers get tripped up. The NJFLA and the federal FMLA are separate laws with different rules, thresholds, and purposes. The FMLA applies only to employers with 50 or more employees within a 75-mile radius. It allows eligible employees to take leave for their own serious health condition, among other reasons. The NJFLA, by contrast, does not provide leave for an employee’s own medical condition. Instead, it focuses primarily on family-related caregiving and bonding leave.

In many situations, the laws can run consecutively. For example, an employee who gives birth may first use FMLA leave for their own pregnancy-related medical condition and then use NJFLA leave afterward to bond with the child or care for a family member. As a result, employers may find themselves managing leave obligations for significantly longer periods than expected.

For construction employers already juggling project deadlines and workforce shortages, understanding how these laws interact is critical. Missteps in administering leave, particularly inconsistent treatment or improper denial of leave, can quickly create exposure to legal claims.

What Is Changing on July 17, 2026?

Smaller Employers Will Now Be Covered

Beginning July 17, 2026, the NJFLA will apply to private employers with 15 or more employees, cutting the current threshold in half. For many smaller contractors and subcontractors, this will be the first time they are subject to NJFLA obligations.

The employee count is calculated based on the number of employees employed during 20 or more calendar workweeks in the current or preceding calendar year.

Employees Will Become Eligible Much Faster

The amendments also make it substantially easier for employees to qualify for leave.

Current Requirements:

• 12 months of employment; and
• 1,000 hours worked during the prior 12 months.

Beginning July 17, 2026:

• Only 3 months of employment; and
• Only 250 hours worked during the prior 12 months.

For construction employers with seasonal workers, newer hires, or fluctuating crews, this is a significant change. Employees who previously would not have qualified for protected leave may now become eligible shortly after being hired.

Expanded Job Restoration Protections

The amendments also strengthen reinstatement rights for employees receiving temporary disability or family leave insurance benefits. Employers generally will be required to restore employees returning from protected leave to:

• The same position; or
• An equivalent position with the same pay, benefits, seniority, and working conditions.

The law further provides that employees returning from leave must be treated as though they had never left for purposes of layoffs, recalls, or similar employment decisions.

What Does This Mean for Union Contractors?

Union contractors should pay particularly close attention to these changes. The amendments specifically state that employees returning from leave must be treated as though they had remained continuously employed for purposes of any layoff or recall system, including systems governed by a collective bargaining agreement (“CBA”).

In practical terms, this means employers should review existing CBAs, seniority provisions, recall procedures, and leave-related language to ensure they do not conflict with the amended NJFLA. While the law does not eliminate collectively bargained rights or procedures, employers cannot enforce CBA provisions in a manner that interferes with employees’ statutory leave protections. For example, if a union contractor uses seniority-based recall procedures, employees returning from protected leave generally must be reinstated and treated consistently with how they would have been treated had they remained actively employed.

Construction employers should also remember that supervisors and forepersons are often the first to receive notice of leave requests in the field. Training frontline management on how to recognize and properly escalate potential NJFLA issues will be essential, particularly in unionized environments where grievances and statutory claims can arise simultaneously.

What Should Employers Do Now?

Even though the amendments do not take effect until July 17, 2026, employers should begin preparing now.

At a minimum, employers should:

• Determine whether they will now fall within the NJFLA’s coverage threshold;
• Ensure policies properly address both NJFLA and FMLA obligations;
• Evaluate staffing plans and workforce contingencies;
• Review CBAs for potential conflicts; and
• Train managers and supervisors on handling leave requests appropriately.

For smaller contractors in particular, these changes could create real operational challenges when key employees are out on protected leave. Advance planning will be critical to minimizing disruption while remaining compliant with the law.

Employers with questions regarding the amended NJFLA, leave policies, or collective bargaining agreement compliance should consult experienced labor and employment counsel before the law takes effect.

How Can Employers Like You Stay Compliant?

First, find out whether your organization will now be covered by the NJFLA now that the employee threshold has lowered. If your organization falls within the NJFLA’s scope, start taking steps to prepare for compliance now. Revisit your current leave policies and evaluate what revisions are necessary. If your policies did not refer to the NJFLA because your organization has fewer than 30 employees but will now be covered, put this item at the top of your to-do list.

Educate your human resources staff on the law’s expansion and the employer’s obligations, as well as what it means for your organization and its workforce. Schedule training sessions, so you can be sure that everyone understands the law. If your organization is on the smaller side and employs fewer than 30 employees, think about how these changes may impact you if any staffing issues arise. Be proactive and communicate with employees about these new leave rights.

If you have questions about how these changes may affect your workforce, collective bargaining agreements, leave policies, or day-to-day operations, the Labor & Employment Group at Cohen Seglias is available to assist. For more information, please contact Jonathan Landesman at jlandesman@cohenseglias.com.

Jonathan Landesman, Esq. is the Chair of the Labor and Employment Department at Cohen, Seglias, Pallas, Greenhall & Furman, P.C.  He has been representing contractors and providing them with day-to-day employment law counseling for more than 25 years.  Lauren N. Bess, Esq. and Christopher A. Abruzzo, Esq. are Associates in the Labor and Employment Department at Cohen, Seglias, Pallas, Greenhall & Furman, P.C.