On July 17, New Jersey Gov. Chris Christie signed into law the New Jersey Security and Financial Empowerment ("SAFE") Act. The act, which goes into effect on October 1, requires employers with 25 or more employees to provide 20 days of unpaid leave to any employee who is a victim of a domestic violence incident or a sexually violent offense or to any employee whose child, parent, spouse or partner was the victim of such an incident.
To be eligible for SAFE leave, an employee must have been employed by the employer for at least 12 months and have worked at least 1,000 hours during the preceding 12 months. The 20-day leave is available to the employee for up to one year following the incident. An employee requesting leave must provide advanced written notice for foreseeable leave. The employer may require documentation to substantiate the need for leave and must maintain the confidentiality of the documentation.
An employee may take SAFE leave on an intermittent basis of no less than one day. Leave may be taken to seek medical attention, obtain services from a victim services organization or counseling, participate in safety planning, relocate, seek legal assistance, or attend court proceedings. An employer may require its employee to use available paid leave or leave under the Family and Medical Leave Act and/or the New Jersey Family Leave Act concurrently with SAFE leave.
In addition to providing leave, the SAFE Act requires employers to post a notice of employees' rights and obligations under the SAFE Act. The posting is not yet available from the Commissioner of Labor and Workforce Development. Further, employers are prohibited from discriminating or retaliating against employees who exercise their rights to such leave. The SAFE Act provides a private right of action for aggrieved employees to recover damages and attorneys' fees as well as civil fines for violations.
Employers should update their leave policies, post the required notice when it becomes available and train their managers to understand the nature of this new protected leave in advance of its effective date.
Day Pitney Alert
Day Pitney Alert
Day Pitney Alert
Heather Weine Brochin and Gregory Tabakman authored an article entitled "Third Circuit Advises that Employer Must Pay Employees for Short Rest Breaks," which was published by the New Jersey Law Journal.
Day Pitney partner Francine Esposito will speak at the upcoming webinar "Workplace Leave Laws: Strategies to Navigate the Changing Landscape in the U.S." Taking place on Sept. 14 at 2 p.m., the webinar is the first in a series of webinars hosted by the Employment Law Alliance (ELA) on workplace leave laws around the globe.
John McLafferty was quoted in an article, "Employment Lawyers Leery of Bill Banning NDAs, Arbitration," published by Massachusetts Lawyers Weekly.
Heather Weine Brochin was quoted in an article, "Confidentiality Disqualifies Harassment Settlement Tax Deductions," published on the Society for Human Resource Management (SHRM) website.
John McLafferty was quoted in an article, "How Employers' Haunted House and Fright Night Went Way Wrong," published on the Society for Human Resource Management (SHRM) website.
Michael Furey was quoted in an article, "The Biggest New Jersey Cases of 2016," which was published in Law360.
Michael Furey was quoted in an article, "NJ Panel Grills Hospitals Over Discovery In Horizon Row," in Law360. Day Pitney is representing five New Jersey hospitals in a lawsuit against Horizon Healthcare, relating to its new, multi-tiered health plan called OMNIA. Furey advocated on behalf of the five hospitals on Wednesday before a New Jersey appeals court that Horizon should turn over a consultant's report and certain agreements relating to how Horizon categorized hospitals under its controversial OMNIA Alliance program and the impact of OMNIA on the hospitals. These Tier 2 hospitals are alleging various claims, including breach of contract and citing concerns that being ranked in the lower tier of the program will cost them business. Horizon contends the sought-after materials, including a financial analysis, strategic alliance agreements and rate agreements between the insurer and OMNIA network hospitals, contain trade secret and confidential information. "If we're going to prove our hospitals should be Tier 1 alliance members, we need the documents and the information," Furey said.