New Jersey § 34:11c-3

§ 34:11c-3.

a. Any employee of an employer in the State who was a victim of an incident of domestic

violence as defined in section 3 of P.L.1991, c. 261 ( C.2C:25-19 ) or a sexually violent offense as defined in section 3 of P.L.1998, c. 71 ( C.30:4-27.26 ), or whose parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner individual , or any other individual related by blood to the employee, and any other individual

that the employee shows to have a close association with the employee which is the

equivalent of a family relationship, was a victim shall be entitled to unpaid leave of no more than 20 days in one 12-month

period, to be used in the 12-month period next following any incident of domestic

violence or any sexually violent offense as provided in this section. For purposes of this section, each incident of domestic violence or any sexually

violent offense shall constitute a separate offense for which an employee is entitled

to unpaid leave, provided that the employee has not exhausted the allotted 20 days

for the 12-month period. The unpaid leave may be taken intermittently in intervals of no less than one day,

as needed for the purpose of engaging in any of the following activities as they relate

to the incident of domestic violence or sexually violent offense: (1) seeking medical attention for, or recovering from, physical or psychological injuries

caused by domestic or sexual violence to the employee or the employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner individual , or any other individual related by blood to the employee, and any other individual

that the employee shows to have a close association with the employee which is the

equivalent of a family relationship ; (2) obtaining services from a victim services organization for the employee or the

employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner individual , or any other individual related by blood to the employee, and any other individual

that the employee shows to have a close association with the employee which is the

equivalent ; (3) obtaining psychological or other counseling for the employee or the employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner individual , or any other individual related by blood to the employee, and any other individual

that the employee shows to have a close association with the employee which is the

equivalent of a family relationship ; (4) participating in safety planning, temporarily or permanently relocating, or taking

other actions to increase the safety of the employee or the employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner individual , or any other individual related by blood to the employee, and any other individual

that the employee shows to have a close association with the employee which is the

equivalent of a family relationship, from future domestic or sexual violence or to ensure economic security; (5) seeking legal assistance or remedies to ensure the health and safety of the employee

or the employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner, individual, or any other individual related by blood to the employee, and any other individual

that the employee shows to have a close association with the employee which is the

equivalent of a family relationship, including preparing for, or participating in, any civil or criminal legal proceeding

related to or derived from domestic or sexual violence; or (6) attending, participating in, or preparing for a criminal or civil court proceeding

relating to an incident of domestic or sexual violence of which the employee or the

employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner, or any other individual related by blood to the employee, and any other individual

that the employee shows to have a close association with the employee which is the

equivalent of a family relationship, was a victim. An eligible employee may elect to use any of the accrued paid vacation leave, personal leave, or medical or sick

leave of the employee , or any family temporary disability leave benefits provided pursuant to section 3

of P.L.1948, c. 110 ( C.43:21-27 ), during any part of the 20-day period of unpaid leave provided under this subsection. In such case, any paid leave provided by the employer, and accrued pursuant to established

policies of the employer, or family temporary disability leave benefits, shall run concurrently with the unpaid leave provided under this subsection and,

accordingly, the employee shall receive pay pursuant to the employer's applicable

paid leave policy , or family temporary disability leave benefits, during the period of otherwise unpaid leave. If an employee requests leave for a reason covered by both this subsection and the

“Family Leave Act,” P.L.1989, c. 261 ( C.34:11B-1 et seq. ) or the federal “Family and Medical Leave Act of 1993,” Pub.L.103-3 ( 29 U.S.C. s.2601 et seq. ), the leave shall count simultaneously against the employee's entitlement under each

respective law. Leave granted under this section shall not conflict with any rights pursuant to the

“Family Leave Act,” P.L.1989, c. 261 ( C.34:11B-1 et seq. ), the “Temporary Disability Benefits Law,” P.L.1948, c. 110 ( C.43:21-25 et seq. al. ), or the federal “Family and Medical Leave Act of 1993,” Pub.L.103-3 ( 29 U.S.C. s.2601 et seq. ). b. Prior to taking the leave provided for in this section, an employee shall, if the

necessity for the leave is foreseeable, provide the employer with written notice of

the need for the leave , unless an emergency or other unforeseen circumstances precludes prior notice . The notice shall be provided to the employer as far in advance as is reasonable

and practical under the circumstances. c. Nothing contained in this act shall be construed to prohibit an employer from requiring

that a period of leave provided pursuant to this section be supported by the employee

with documentation of the domestic violence or sexually violent offense which is the

basis for the leave. If the employer requires the documentation, the employee shall be regarded as having

provided sufficient documentation if the employee provides one or more of the following: (1) a domestic violence restraining order or other documentation of equitable relief

issued by a court of competent jurisdiction; (2) a letter or other written documentation from the county or municipal prosecutor

documenting the domestic violence or sexually violent offense; (3) documentation of the conviction of a person for the domestic violence or sexually

violent offense; (4) medical documentation of the domestic violence or sexually violent offense; (5) certification from a certified Domestic Violence Specialist or the director of

a designated domestic violence agency or Rape Crisis Center, that the employee or

employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner , or any other individual related by blood to the employee, and any other individual

that the employee shows to have a close association with the employee which is the

equivalent of a family relationship, is a victim of domestic violence or a sexually violent offense; or (6) other documentation or certification of the domestic violence or sexually violent

offense provided by a social worker, member of the clergy, shelter worker, or other

professional who has assisted the employee or employee's parent-in-law, sibling, grandparent, grandchild, child, parent, spouse, domestic partner, or civil union partner , or any other individual related by blood to the employee, and any other individual

that the employee shows to have a close association with the employee which is the

equivalent of a family relationship, in dealing with the domestic violence or sexually violent offenses. For the purposes of this subsection: “ Certified Domestic Violence Specialist ” means a person who has fulfilled the requirements of certification as a Domestic

Violence Specialist established by the New Jersey Association of Domestic Violence

Professionals; and “ designated domestic violence agency ” means a county-wide organization with a primary purpose to provide services to victims

of domestic violence, and which provides services that conform to the core domestic

violence services profile as defined by the Division of Child Protection and Permanency

in the Department of Children and Families and is under contract with the division

for the express purpose of providing the services. “ Rape Crisis Center ” means an office, institution, or center offering assistance to victims of sexual

offenses through crisis intervention, medical and legal information, and follow-up

counseling. d. An employer shall display conspicuous notice of its employees' rights and obligations

pursuant to the provisions of this act, in such form and in such manner as the Commissioner

of Labor and Workforce Development shall prescribe, and use other appropriate means

to keep its employees so informed. e. No provision of this act shall be construed as requiring or permitting an employer

to reduce employment benefits provided by the employer or required by a collective

bargaining agreement which are in excess of those required by this act. Nor shall any provision of this act be construed to prohibit the negotiation and

provision through collective bargaining agreements of leave policies or benefit programs

which provide benefits in excess of those required by this act. This provision shall apply irrespective of the date that a collective bargaining

agreement takes effect. Nothing contained in this act shall be construed as permitting an employer to: (1) rescind or reduce any employment benefit accrued prior to the date on which the

leave taken pursuant to this act commenced; or (2) rescind or reduce any employment benefit, unless the rescission or reduction of

the benefit is based on changes that would have occurred if an employee continued

to work without taking the leave provided pursuant to this section. f. All information provided to an employer pursuant to subsection c. of this section,

and any information regarding a leave taken pursuant to this section and any failure

of an employee to return to work, shall be retained in the strictest confidentiality,

unless the disclosure is voluntarily authorized in writing by the employee or is required

by a federal or State law, rule, or regulation.