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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 Attorneys Daniel Schwartz, Michael Lane and Lindsey Viscomi authored the article, "Don't Be Late Paying Terminated Employees in Massachusetts," for Law360 Employment Authority.
Day Pitney Employment and Labor attorneys Glenn Dowd and Lindsey Viscomi will be presenting "Critical HR Transactions," at the CBIA 2022 Human Resources Conference on March 17 at the Trumbull Marriott Shelton.
Employment and Labor attorneys Heather Weine Brochin, Michael T. Bissinger, Howard Fetner and Trisha Efiom co-authored the article, "Keeping Up With New York's New Employment Laws," published by Employment Benefit Plan Review.
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Day Pitney Employment and Labor Partner Rachel Gonzalez was featured in the Diverse Lawyers Network newsletter for being a recipient of the Executive Women of New Jersey Salute to the Policy Makers Award.
Day Pitney Press Release
Employment and Labor Partner Glenn W. Dowd is quoted in the Hartford Business Journal article, "Many CT Businesses Breathe 'Sigh of Relief' After Federal Vaccine Mandate is Withdrawn."
Employment and Labor partner Glenn W. Dowd is quoted in the Hartford Business Journal article, "Small Business Anxieties Still Persist As CT's New Paid Leave Program Set To Debut Jan. 1."
Attorneys Kritika Bharadwaj, Benjamin E. Haglund, Theresa A. Kelly, Naju R. Lathia and Elizabeth J. Sher represented the firm at the South Asian Bar Association of New Jersey (SABA-NJ) 2021 Annual Gala on October 1 at The Marigold in Somerset, NJ.
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This website may use cookies, pixel tags and other passive tracking technologies, including Google Analytics, to improve functionality and performance. For more information, see our Privacy Policy. By using our website, you are consenting to our use of these tracking technologies. You can alter the configuration of your browser to refuse to accept cookies, but if you do so, it is possible that some areas of web sites that use cookies will not function properly when you view them. To learn more about how to delete and manage cookies, refer to the support instructions for each browser (e.g., see AllAboutCookies.org). You may locate Google Analytics' currently available opt-outs for the web here.