A growing trend of providing leave and other protections to victims of domestic violence or sexual assault continues on October 1, 2013, the date on which the New Jersey Security and Financial Empowerment Act ("NJ SAFE Act") goes into effect. This new law, which applies to employers with 25 or more employees, provides unpaid leave to employees dealing with domestic violence and sexual assault issues. The New Jersey Department of Labor recently published a Notice informing employees of their rights under the law, which all employers must post. The required posting can be obtained at.
The NJ SAFE Act provides eligible employee up to 20 days of unpaid leave during a 12-month period to deal with issues of domestic violence or sexual assault affecting either the employer or the employee's child, parent, spouse, domestic partner or civil union partner. Similar to other laws, to be eligible, employees must work for the employer for at least 12 months and have worked 1,000 hours or more during the previous 12-months. The leave is unpaid and must be taken within one year of the covered incident. The leave can be taken continuously or intermittently in intervals of no less than one day. Employers may require that any leave under the Act run concurrently with any federal Family Medical Leave Act or NJ Family Leave Act entitlement in appropriate circumstances. The Act also prohibits retaliation against employees for exercising their rights.
Employees may take leave under the Act the following purposes: (1) to seek medical attention for, or recover from, physical or psychological injuries; (2) to obtain services from victim assistance programs; (3) to receive psychological or other counseling; (4) to relocate or take other steps to increase the safety of themselves or the victim; (5) to seek legal assistance; and (6) to participate in civil or criminal court proceedings related to the incident of domestic or sexual violence. Where the need for leave under the Act is foreseeable, the Act requires employees to give written notice to their employer as far in advance as is reasonable and practical under the circumstances. Where the need for leave is not foreseeable, such notice may not be required.
The Act permits employers to request documentation from employees to support a request for leave. Employees can satisfy this requirement by providing: (1) a copy of any applicable restraining order; (2) a letter from the prosecutor; (3) documentation of the conviction of the assailant; (4) medical documentation related to the victim; (5) a certification from a certified Domestic Violence Specialist or Rape Crisis Center employee; or (6) a certification or other documentation from a social worker, clergy member, shelter worker or other professional who assisted the victim.
The Act provides a private right of action for violations, allowing employees to file a lawsuit within one year of any such violation. Successful claims can entitle the employee to recover economic and non-economic damages as well as reasonable attorneys' fees and costs. The court may also order reinstatement of the employee, enjoin the employer from continued violation of the Act and impose a civil fine between $1,000 and $2,000 for a first violation and not more than $5,000 for each subsequent violation.
At least a dozen states now have such laws on the books, requiring that employers provide anywhere from 3 days (Colorado) to 12 work weeks (Illinois) or even an undefined "reasonable and necessary" amount of leave (Maine). Other states with similar leave laws include California, Connecticut, Florida, Hawaii, Kansas, Maine, New Mexico, North Carolina, Oregon and Washington. Several cities also have their own such laws (e.g., Philadelphia, PA and Seattle, WA). Also, the federal government is considering similar legislation, Bill H.R. 1229, referred the Subcommittee on Workforce Protections.
Employers in New Jersey should make sure to prominently display the required notice and to establish procedures to comply with the NJ SAFE Act as of October 1st. Employers in other states should review their state and local laws and prepare for future legislations that may ultimately provide their employees with similar protections.
This article is presented for informational purposes only and is not intended to constitute legal advice.
