New Jersey A 3816: Concerns bereavement leave for miscarriage and stillbirth.

Bill Text

(Sponsorship Updated As Of: 2/22/2024)
ASSEMBLY, No. 3816
STATE OF NEW JERSEY
221st LEGISLATURE

INTRODUCED FEBRUARY 22, 2024

Sponsored by:
Assemblywoman MICHELE MATSIKOUDIS
District 21 (Middlesex, Morris, Somerset and Union)

Co-Sponsored by:
Assemblyman Barlas

SYNOPSIS
Concerns bereavement leave for miscarriage and stillbirth.

CURRENT VERSION OF TEXT
As introduced.

A3816 MATSIKOUDIS
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EXPLANATION – Matter enclosed in bold-faced brackets [thus] in the above bill is
not enacted and is intended to be omitted in the law.

Matter underlined thus is new matter.
AN ACT concerning bereavement leave for miscarriage and stillbirth 1
and amending P.L.1989, c.261 and P.L.1948, c.110. 2
3
BE IT ENACTED by the Senate and General Assembly of the State 4
of New Jersey: 5
6
1. Section 3 of P.L.1989, c.261 (C.34:11B-3) is amended to 7
read as follows: 8
3. As used in [this act] P.L.1989, c.261 (C.34:11B-3): 9
a. "Child" means a biological, adopted, foster child, or resource 10
family child, stepchild, legal ward, or child of a parent, including a 11
child who becomes the child of a parent pursuant to a valid written 12
agreement between the parent and a gestational carrier. 13
b. "Director" means the Director of the Division on Civil 14
Rights. 15
c. "Division" means the Division on Civil Rights in the 16
Department of Law and Public Safety. 17
d. "Employ" means to suffer or permit to work for 18
compensation, and includes ongoing, contractual relationships in 19
which the employer retains substantial direct or indirect control 20
over the employee's employment opportunities or terms and 21
conditions of employment. 22
e. "Employee" means a person who is employed for at least 12 23
months by an employer, with respect to whom benefits are sought 24
under this act, for not less than 1,000 base hours during the 25
immediately preceding 12-month period. Any time, up to a 26
maximum of 90 calendar days, during which a person is laid off or 27
furloughed by an employer due to that employer curtailing 28
operations because of a state of emergency declared after October 29
22, 2012, shall be regarded as time in which the person is employed 30
for the purpose of determining eligibility for leave time under this 31
act. In making the determination, the base hours per week during 32
the layoff or furlough shall be deemed to be the same as the average 33
number of hours worked per week during the rest of the 12-month 34
period. 35
f. "Employer" means a person or corporation, partnership, 36
individual proprietorship, joint venture, firm or company or other 37
similar legal entity which engages the services of an employee and 38
which: 39
(1) (Deleted by amendment, P.L.2019, c.37); 40
(2) (Deleted by amendment, P.L.2019, c.37); 41
(3) With respect to the period of time from the 1,095th day 42
following the effective date of P.L.1989, c.261 (C.34:11B-1 et seq.) 43
through June 30, 2019, employs 50 or more employees for each 44
working day during each of 20 or more calendar workweeks in the 45
then current or immediately preceding calendar year; and 46

A3816 MATSIKOUDIS
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(4) With respect to any period of time on or after June 30, 2019, 1
employs 30 or more employees for each working day during each of 2
20 or more calendar workweeks in the then current or immediately 3
preceding calendar year. 4
"Employer" includes the State, any political subdivision thereof, 5
and all public offices, agencies, boards or bodies. 6
g. "Employment benefits" means all benefits and policies 7
provided or made available to employees by an employer, and 8
includes group life insurance, health insurance, disability insurance, 9
sick leave, annual leave, pensions, or other similar benefits. 10
h. "Parent" means a person who is the biological parent, 11
adoptive parent, foster parent, resource family parent, step-parent, 12
parent-in-law or legal guardian, having a "parent-child relationship" 13
with a child as defined by law, or having sole or joint legal or 14
physical custody, care, guardianship, or visitation with a child, or 15
who became the parent of the child pursuant to a valid written 16
agreement between the parent and a gestational carrier. 17
i. "Family leave" means leave from employment so that the 18
employee may provide care or may take time to grieve that is made 19
necessary by reason of: 20
(1) the birth of a child of the employee, including a child born 21
pursuant to a valid written agreement between the employee and a 22
gestational carrier; 23
(2) the placement of a child into foster care with the employee 24
or in connection with adoption of such child by the employee; 25
(3) the serious health condition of a family member of the 26
employee ; or 27
(4) in the event of a state of emergency declared by the 28
Governor, or when indicated to be needed by the Commissioner of 29
Health or other public health authority, an epidemic of a 30
communicable disease, a known or suspected exposure to the 31
communicable disease, or efforts to