New Jersey 222nd Legislature Status: Introduced Bipartisan · 6 D · 3 R cosponsors

S 2046 — Establishes protected leave under "Family Leave Act" and family temporary disability leave benefits for bereavement for death of child, miscarriage, stillbirth, and certain other circumstances.

Last action — REF SBA

  1. 1
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed General Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill has been introduced in the Senate. Introduced January 13, 2026. It must pass committee before a floor vote.

Next likely step: a committee referral and hearing.

Odds of enactment

Low chance

Based on the sponsor, cosponsors, and committee posture, this bill has a low chance of becoming law.

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Prognosis

Advancing 54% · moderate confidence
  • Introduced

    Current position in the legislative process.

  • 11 sponsors

    2 primary, 9 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (6 D · 3 R) — cross-party backing.

  • Cleared a recorded vote

    Passed 1 recorded vote so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

In plain language

Establishes bereavement leave for specific circumstances under the Family Leave Act.

This bill amends the Family Leave Act to include protected leave for bereavement due to the death of a child, miscarriage, stillbirth, and similar situations. It aims to provide support for families during these difficult times.

What this means for you
  • Families: This means families experiencing the loss of a child or facing miscarriage will have access to protected leave.

Summary

Bereavement leave-concerns for death of child, miscarriage, and stillbirth

Bill Text

  • Introduced View text Current html January 05, 2026

How this bill changes current law

4 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

This bill amends 3 section(s) of the New Jersey statutes: N.J.S.A. 34:11B-3; N.J.S.A. 34:11B-4; N.J.S.A. 43:21-27.

  • N.J.S.A. 34:11B-3

    this act this act this act → P.L.1989, c.261 (C.34:11B-3) P.L.1989, c.261 (C.34:11B-1 et seq.) P.L.1989, c.261 (C.34:11B-1 et seq.) Family leave" also means leave from employment for bereavement purposes due to the death or stillbirth of a child of the employee or a gestational carrier, or an unsuccessful adoption that had been pending and planned by the employee. "Family leave" also means leave from employment for bereavement purposes due to the miscarriage, including chemical pregnancy, ectopic pregnancy, and molar pregnancy, or termination for medical reasons of a pregnancy of: (1) the employee; (2) the spouse, domestic partner, or civil union partner of the employee; (3) a person with whom the employee anticipated having a child; or (4) a gestational carrier. "Family leave" also means leave for bereavement purposes due to a failed fertility treatment of the employee, the spouse, domestic partner, or civil union partner of the employee, including, but not limited to, intrauterine insemination and assisted reproductive technology. With respect to employees who are eligible for leave pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), notwithstanding any other provision to the contrary, leave for bereavement purposes shall be limited as follows: (1) For bereavement related to a circumstance for which the employee would not otherwise be eligible for any other kind of leave and benefits under the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17 (C.43:21-39.1 et seq.), the employee may take leave for not more than 21 days immediately following the date of the event which is the reason for the bereavement. (2) For bereavement related to a circumstance for which the employee would be otherwise eligible for leave or benefits under the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17 (C.43:21-39.1 et seq.), the employee may take leave for not more than seven days immediately following the date of the event which is the reason for the bereavement. Benefits payable to an employee who takes leave for bereavement purposes under this subsection i. shall be paid as family temporary disability leave benefits in accordance with P.L.2008, c.17 (C.43:21-39.1 et seq.). Nothing in this subsection i. increases the maximum amount of family leave provided pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.).

    amended

  • N.J.S.A. 34:11B-3

    this act this act this act → P.L.1989, c.261 (C.34:11B-3) P.L.1989, c.261 (C.34:11B-1 et seq.) P.L.1989, c.261 (C.34:11B-1 et seq.) Family leave" also means leave from employment for bereavement purposes due to the death or stillbirth of a child of the employee or a gestational carrier. "Family leave" also means leave from employment for bereavement purposes due to the miscarriage, including chemical pregnancy, ectopic pregnancy, and molar pregnancy, or termination for medical reasons of a pregnancy of: (1) the employee; (2) the spouse, domestic partner, or civil union partner of the employee; (3) a person with whom the employee anticipated having a child; or (4) a gestational carrier. With respect to employees who are eligible for leave pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.), notwithstanding any other provision to the contrary, the employee may take leave for bereavement purposes for not more than 21 days immediately following the date of the event which is the reason for the bereavement. Benefits payable to an employee who takes leave for bereavement purposes under this subsection i. shall be paid as family temporary disability leave benefits in accordance with P.L.2008, c.17 (C.43:21-39.1 et seq.). Nothing in this subsection i. increases the maximum amount of family leave provided pursuant to the "Family Leave Act," P.L.1989, c.261 (C.34:11B-1 et seq.).

    amended

  • N.J.S.A. 34:11B-4

    (4) Where the certification is for the death, miscarriage, or stillbirth of the child, or termination of the pregnancy for medical reasons, the certification need only state the date of death, miscarriage, or stillbirth, or termination, whichever is appropriate.

    amended

  • N.J.S.A. 43:21-27

    this act this act ⟦INS⟧P.L.1989, c.261 (C.34:11B-1 et seq.)⟦/INS⟧ Unemployment and or ⟦INS⟧biological⟦/INS⟧ ⟦INS⟧or is⟦/INS⟧ ⟦INS⟧;⟦/INS⟧ ⟦INS⟧(6) grieve an unsuccessful adoption that had been pending and planned by the individual; or⟦/INS⟧ ⟦INS⟧(7) grieve an unsuccessful fertility treatment, including, but not limited to, intrauterine insemination and assisted reproductive technology of the individual, the spouse, domestic partner, or civil union partner of the individual⟦/INS⟧ ⟦INS⟧family temporary disability leave for bereavement purposes shall be limited as follows:⟦/INS⟧ ⟦INS⟧(1) For bereavement related to a circumstance for which the individual would not otherwise be eligible for benefits under the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17 (C.43:21-39.1 et seq.),⟦/INS⟧ ⟦INS⟧subparagraphs⟦/INS⟧ ⟦INS⟧, (6), or (7)⟦/INS⟧ ⟦INS⟧subparagraphs⟦/INS⟧ ⟦INS⟧, (6), or (7)⟦/INS⟧ → P.L.1948, c.110 (C.43:21-25 et al.) P.L.1989, c.261 (C.34:11B-1 et seq.) P.L.1948, c.110 (C.43:21-25 et al.) and Family Leave ; or (5) grieve the death of a child or the loss of a child due to miscarriage, stillbirth, or termination for medical reasons of a pregnancy, if the individual, or the spouse, domestic partner, or civil union partner of the individual, is a biological parent of the child, or is including a parent of the child pursuant to a valid gestational carrier agreement ; (6) grieve an unsuccessful adoption that had been pending and planned by the individual; or (7) grieve an unsuccessful fertility treatment, including, but not limited to, intrauterine insemination and assisted reproductive technology of the individual, the spouse, domestic partner, or civil union partner of the individual With respect to individuals who are eligible for benefits pursuant to the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17 (C.43:21-39.1 et seq.), notwithstanding any other provision to the contrary, family temporary disability leave for bereavement purposes shall be limited as follows: (1) For bereavement related to a circumstance for which the individual would not otherwise be eligible for benefits under the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17 (C.43:21-39.1 et seq.), the individual may receive benefits for bereavement purposes for not more than 21 days immediately following the date of the event which is the reason for the bereavement. (2) For bereavement related to a circumstance for which the individual would otherwise be eligible for benefits under the "Temporary Disability Benefits Law," P.L.1948, c.110 (C.43:21-25 et al.), or P.L.2008, c.17 (C.43:21-39.1 et seq.), the individual may receive benefits for not more than seven days immediately following the date of the event which is the reason for the bereavement. Benefits payable to an employee who takes leave for bereavement purposes under subparagraphs subparagraph (5) , (6), or (7) of this paragraph (o) shall be paid as family temporary disability leave benefits in accordance with P.L.2008, c.17 (C.43:21-39.1 et seq.). Nothing in subparagraphs subparagraph (5) , (6), or (7) of this paragraph (o) increases the maximum amount of family temporary disability leave provided pursuant to P.L.2008, c.17 (C.43:21-39.1 et seq.).

    amended

Action History

  1. REF SBA

  2. REP/SCA 2RS

  3. INT 1RS REF SLA

Sponsors

Sponsorship breakdown

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2 sponsors · 9 co-sponsors · 109 not signed on

Sponsors (2)

Co-sponsors (9)

Not signed on (109)

109 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

What does S 2046 do?
Bereavement leave-concerns for death of child, miscarriage, and stillbirth
Who sponsors S 2046?
S 2046 is sponsored by Amato, Carmen F., Tiver, Latham, Polistina, Vincent J. (Republican), Mukherji, Raj (Democrat), O'Scanlon Jr., Declan J. (Republican), Diegnan Jr., Patrick J. (Democrat), Bucco, Anthony M. (Republican), McKnight, Angela V. (Democrat), Zwicker, Andrew (Democrat), Moriarty, Paul D. (Democrat), and Cryan, Joseph P. (Democrat).
What is the current status of S 2046?
This bill has been introduced in the Senate. Introduced January 13, 2026. It must pass committee before a floor vote.
Where can I track S 2046?
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