>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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.