How S 2046 changes current law

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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