What Employers Need to Know About the 2026 NJFLA Changes

An estimated 400,000 additional workers will now qualify for family leave in New Jersey under the new law. The amendments to the New Jersey Family Leave Act (NJFLA) expand who qualifies for protected leave and how long employers may be required to hold a position open for an employee.

Requirement	Before July 17, 2026	Starting July 17, 2026
Employer Size	30+ employees worldwide	15+ employees worldwide
Employee Tenure	12 months of employment	3 months of employment
Hours Worked	1,000 hours in previous 12 months	250 hours in previous 12 months

While the goal is to provide greater support for workers facing medical or family situations, the changes impact staffing and operational challenges for small employers.

Medical Leave Benefit Exceeds NJFLA and FMLA

One of the most important aspects of the new law is that job protection tied to TDI and FLI benefits is not limited by employer size.

Unlike the NJFLA and the federal Family and Medical Leave Act (FMLA), employees do not need to work for a certain size employer or meet specific tenure and hours-worked requirements to receive these protections. If an employee qualifies for TDI or FLI benefits, the employer may be required to provide job protection and reinstatement rights, regardless of the size of the business or how long the employee has worked there.

This means that even employers that are not covered by the NJFLA or FMLA may have job-restoration obligations when an employee is receiving TDI or FLI benefits.

• Up to 26 weeks of benefits for their own serious health condition.

• Up to 12 weeks of benefits to bond with a new child or care for a family member in a 12-month period.

• Approximately 22 to 24 weeks of benefits for maternity leave, which may include both disability and bonding time.

The Empire HR Proactive Approach

The July 17 change marks the first of three planned phases to expand the law’s coverage. The employee threshold will decrease to 10 or more workers on July 17, 2027, and then to five or more workers on July 17, 2028. The expansion of this law reflects a continued shift toward broader employee protections and increased employer responsibilities, particularly for smaller organizations that may not have previously been subject to these requirements.

Empire HR support employers during this phase to proactively review policies and plan their workforce to ensure compliance before each new threshold takes effect.

Reach out to find out how we can help minimize compliance risks, support employees effectively, and establish consistent practices.