Beginning on Oct. 1, many New Jersey public and private employers will be required to grant job-protected leave to victims of domestic violence or sexually violent offenses and to their family members. That is the effective date of the New Jersey Security and Financial Empowerment Act, P.L. 2013, c. 82 (SAFE Act), which applies to employers with 25 or more employees and provides for 20 days of unpaid leave in a 12-month period.
Service Eligibility for Leave
The SAFE Act does not specify whether the 25 employees must work in New Jersey. However, the New Jersey Family Leave Act, N.J.S.A. 34:11B-1et seq. (NJFLA), has a similar 50-employee provision, and regulations of both the Division on Civil Rights (DCR) and case law hold that only one of the employer’s 50 employees needs work in New Jersey for the NJFLA to apply. See, N.J.A.C. 13:14-1.2 and Essex Crane Corp. v. Dir., DCR, 294 N.J. Super 101 (App Div. 1996). It is likely that the New Jersey Department of Labor and Workforce Development (NJDOLWD), which is tasked with enforcing the SAFE Act, will follow this approach. Accordingly, as long as an employer has a total of 25 employees, a New Jersey employee would be eligible for SAFE Act leave.
