On January 17, 2014, a new law in New Jersey went into effect dubbed the "Sandy" Law because it was enacted in response to eligibility issues under the New Jersey Family Leave Act ("FLA") and the Security and Financial Empowerment Act ("SAFE Act") arising out of Hurricane Sandy or other state emergencies.
Normally, an individual is eligible for leave under the FLA and the SAFE Act if they have been employed for 12 months and worked a minimum of 1,000 hours in the preceding 12 month period. However, under this new law, an employee who is furloughed or laid off due to a "curtailment of operations" resulting from a "state of emergency" will now get credit for up to 90 calendar days as if they were employed for the purposes of determining eligibility.
The new law also addresses eligibility under temporary disability insurance ("TDI") and family leave insurance. Normally, to be eligible an employee must work at least 20 base weeks at a rate of at least $145 per week. The new "Sandy" Law allows an employee to use up to 13 weeks as "base weeks" toward eligibility under these benefits.
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