“NJ SAFE Act” Would Require Unpaid Leave To Victims Of Sexual Assault Or Domestic Violence

Similar bills pending before the Assembly (A2919) and Senate (S2177), each entitled the “New Jersey Security and Financial Employment Act” or the “NJ SAFE Act,” would require employers with 25 or more employees to provide 20 days of unpaid leave to employees who are victims of domestic violence or sexual assault within one year of the domestic violence or sexual assault. The bills would also require leave when an employee’s family or household member (per the Assembly bill) or child, parent, or spouse (per the Senate bill) is a victim of abuse. Under the pending bills, the leave time—which may be taken on an intermittent or reduced leave basis—may be taken for the employee or the employee’s family or household member: (1) to seek medical attention for, or recover from, physical or psychological injuries caused by domestic or sexual violence; (2) to obtain services from a victim services organization; (3) to obtain psychological or other counseling; (4) to participate in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety of the employee or the employee’s family or household member from future domestic or sexual violence or to ensure economic security; (5) to seek legal assistance or remedies to ensure the health and safety of the employee or the employee’s family or household member, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence; or (6) to attend, participate in, or prepare for a criminal or civil court proceeding relating to an incident of domestic or sexual violence.

Note: This article was published in the October 2012 issue of the New Jersey eAuthority.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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