N.J. Admin. Code § 13:14-1.9

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:14-1.9 - Exemptions

(a) An employer is not required to grant a family leave to any employee who would otherwise be eligible under this Act if:

1. The employee's base salary ranks within the highest paid five percent or the employee's base salary is one of the seven highest, whichever number of employees is greater (for purposes of this exception, all employees of an employer whether employed in New Jersey or not shall be included in this calculation);

2. The employer can demonstrate that the granting of the leave would cause a substantial and grievous economic injury to the employer's operations; and

3. The employer notifies the employee of its decision to deny the leave when that decision is made.

(b) The provisions of (a) above shall not apply when, in the event of a state of emergency declared by the Governor or when indicated to be needed by the New Jersey Commissioner of the Department of Health or other public health authority, the family leave is for an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease.

N.J. Admin. Code § 13:14-1.9

Amended by 53 N.J.R. 1792(c), effective 10/18/2021