Grieving the loss of a child is an incredible challenge no one should face. On Friday, September 27th, The New Jersey State Assembly passed A3505, a bill that could give parents grieving the death of a child one less thing to worry about: job loss.
The bill allows families to take protected time under the NJ Family Leave Act by adding bereavement protection. The bill’s broad language makes it possible for individuals to take time off work for a wide range of loss situations, including stillbirth, miscarriage, failed fertility treatments, and failed adoption. This comprehensive ruling is likely to become law, though there are several steps that must be taken first.
A Look at Assembly Bill 3505
Under State Assembly Bill 3505, a child refers to a biological, adopted, foster child, or other resource family child. This includes a stepchild, legal award, or a child of a parent, including a child that becomes the parent through a written agreement with a gestational carrier.
This NJ paid family leave covers situations in which a child dies or is lost to a qualified employee. This may include a death, stillbirth, loss of a child due to failed fertilization processes, failed adoption, miscarriage, or the termination of a pregnancy for medical reasons, among other stations.
In these situations, the bill affords a person time off from work without risk of job loss. It follows the current laws and rules put in place under the NJ Family Leave Act, which already provides protections for serious illness for close family members.
What Is the NJ Family Leave Act?
The New Jersey Family Leave Act provides certain employees with the right to take up to 12 weeks of paid family leave time in a 245-month period without the loss of their job. It applies in situations where the employer has at least 30 employees around the world or is a state or local government entity (no matter the size). The employee must have been an employee for at least a year and worked at least 1,000 hours in the prior 12 months to quality.
Under the current law, the leave is available to those who need to:
- Care for or bond with a child, such as at the time of birth or placement for adoption or foster care
- Care for a family member or someone equivalent to a family member struggling with a serious health condition or who is isolated due to exposure to a communicable disease
- Provide required care or treatment to a child during a state of emergency
The new adoption of the NJ Family Leave Act would extend this to include protections for those who lose a child due to death, loss of adoption, or other factors.
Employees returning to work must be able to work in the same position they had prior to the leave. Employees are entitled to partial pay while they take this time off. The NJ paid family leave compensation is funded through deductions from employee paychecks. These are not made through employer contributions. The employee is paid at 85% of their average weekly wage, up to a maximum weekly benefit rate that is assigned for each year. In 2024, that value is $1055 per week, according to the New Jersey Department of Labor and Workforce Development.
Why the Bereavement Protection Matters in New Jersey
According to Assemblywoman Shanique Speight, “A3505 ensures that employees have the necessary time to heal without the added fear of losing their job security.” Ultimately, the bereavement portion of the NJ Family Leave Act provides a statement that shows just how important the grieving process is.
A statement from Assemblyman William B. Sampson included, “This bill reflects our commitment to supporting New Jersey families during some of the most challenging moments of their lives.” It continues, “By expanding family leave benefits to include bereavement, we acknowledge that healing does not always fit into a work schedule.”
The Bereavement Provision’s Next Step
For employers, the bereavement provision to the NJ Family Leave Act will have a significant impact on the day-to-day operations of the location. The bill passed the New Jersey State Assembly with a vote of 71-1, which indicates it is likely to become law with near unanimous support. It moves on to the Senate for the next route of approval.
The impact on the workplace will range widely. As with other aspects of the NJ paid family leave and NJ Family Leave Act, it will require that employers be more understanding of providing time off to employees dealing with the complexity of the loss of a child in a wide range of ways.
For employees who may be facing similar challenges or who need help understanding their rights under laws like the New Jersey Family Leave Act, contact Ayesha Hamilton and her team of NJ employment lawyers to discuss your case at length.