The New Jersey Security And Financial Empowerment Act (A-2919 or “the SAFE Act”)

Covered Employers: Employers with 25 employees (anywhere)

Employee Eligibility: An employee who has worked for at least 12 months, and who worked at least 1000 hours in the immediately preceding 12-month period leading up to the absence

Entitlement: An employee is entitled to up to 20 days of unpaid leave to be used in the 12-month period immediately following an instance of domestic violence or a sexually violent offense, if either the employee or a covered family member was a victim. Leave can be taken intermittently, in intervals of no less than one day.

The list of covered family members (effective February 19, 2019) is:

• Child of any age (biological, adopted, foster, step, child born through surrogacy, someone to whom the employee stands in loco parentis)

• Parent (biological, adoptive, foster, step, in-law, someone who stood in loco parentis)

• Spouse/Domestic Partner/Civil Union Partner

• Sibling

• Grandparent

• Grandchild

• Other blood relatives

• Anyone with a close association to the employee that is the equivalent of a family relationship

An employee can take leave under the NJ SAFE Act to address any of the following activities related to domestic or sexual violence:

• Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the employee or the employee's covered family members

• Obtaining services from a victim services organization for the employee or the employee's covered family members

• Obtaining psychological or other counseling for the employee or the employee's covered family members

• Participating in safety planning, moving, or taking other actions to increase the safety of the employee or the employee's covered family members

• Seeking legal assistance or remedies to ensure the health and safety of the employee or the employee's covered family members

• Attending, participating in, or preparing for criminal or civil court proceedings relating to an incident of domestic or sexual violence of which the employee or the employee's covered family members was a victim

Employer Notice: Employer must display in a conspicuous place a notice advising employees of their rights and obligations provided by the Commissioner of Labor and Workforce Development and use other appropriate means to keep employees informed

Employee Notice: If the leave is foreseeable, the employee must provide the employer with written notice as as far in advance as reasonable and practicable under the circumstances, unless an emergency or unforeseen circumstance precludes prior notice

Obligation to Provide Supporting Documents: Employers are permitted to require documentation proving that the leave was necessary. Such documents may include a copy of a restraining order or other relief issued by a court, a letter from a prosecutor documenting the domestic violence or sexual offense, proof of a conviction of a person for the domestic violence or sexually violence offense, medical documentation, or a certification from an agency or professional involved in assisting the victim, including social workers, shelter workers, or religious leaders.

Paid: Unpaid, although an employee may elect to use a accrued time off, such as paid sick and safe leave, vacation, personal or medical leave, or any available family temporary disability benefits.. Per 2019 legislation, employees taking time under the SAFE
Act can also get wage replacement under New Jersey Family Leave Insurance.

Relationship with other leaves: When applicable, the leave will run concurrently with any other leave entitlements, such as leave under the Federal Family and
Medical Leave Act or New Jersey Family Leave Act, and employees may use available accrued leave.

Reinstatement: Job protected

Other important Notifications or Requirements: Employers who violate the law may face civil lawsuits brought by employees denied leave or subjected to retaliation because of taking leave. Courts can award prevailing plaintiffs economic damages, reinstatement, and attorneys' fees. The law also establishes fines of between $1,000 and $2,000 for a first violation and up to $5,000 for subsequent violations.

Absence Specifications