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A 2198

Establishes protected leave under "Family Leave Act" and family temporary disability leave benefits for bereavement for death of child, miscarriage, stillbirth, and certain other circumstances.

2026-2027 Regular Session Introduced by Linda Carter and 10 co-sponsors

NJ expands FLA/FTDL bereavement leave to cover death or loss of a child, failed adoptions, and unsuccessful fertility treatments, within existing leave limits.

Reported and Referred to Assembly Appropriations Committee
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WeVote Research Nonpartisan
Bill Summary · A 2198

Bill A 2198 (Session 222) – New Jersey

Title: Establishes protected leave under the Family Leave Act and family temporary disability leave benefits for bereavement related to death of a child, miscarriage, stillbirth, and certain other circumstances

1) Purpose and Intent

  • Expands access to bereavement-related leave and corresponding benefits under existing NJ laws.
  • Specifically adds bereavement scenarios tied to:
    • Death or loss (miscarriage, stillbirth, termination for medical reasons) of a child.
    • Unsuccessful adoptions that had been planned.
    • Unsuccessful fertility treatments (e.g., intrauterine insemination, assisted reproductive technology).
  • Allows use of Family Leave Act (FLA) leave and, where applicable, Family Temporary Disability Leave (FTDL) benefits, without increasing aggregate leave entitlements already provided.

2) Key Provisions and Changes

A. Family Leave Act (FLA) Modifications

  • Amends definitions for “Family Leave” to explicitly include bereavement leave for:
    • Death, miscarriage, stillbirth, or medically necessary termination of a pregnancy of a child or gestational carrier child.
    • Grief from an unsuccessful adoption that had been planned.
    • Grief from an unsuccessful fertility treatment (e.g., fertility procedures).
  • Bereavement leave under FLA is additive within existing FLA leave; it does not increase the maximum 12 weeks of FLA leave in a 24-month period.
  • Bereavement leave under FLA:
    • If the event matches new bereavement qualifying circumstances but would not otherwise qualify for other leave/benefits, up to 21 days may be taken immediately after the event.
    • If the event is for a circumstance already eligible under other FLA or state disability leave, up to 7 days may be taken immediately after the event.
  • Benefits for bereavement under FLA are paid as family temporary disability leave benefits when applicable (see FTDI details below).

B. Family Temporary Disability Leave (FTDL) Benefits

  • Adds bereavement-related leave to the scope of benefits available under the Temporary Disability Benefits Law (TDBL) when paired with FLA.
  • Eligible bereavement scenarios for FTDL:
    • Death or loss (miscarriage, stillbirth, medically terminated pregnancy) of a child or a gestational carrier child, or unsuccessful adoption that had been planned.
    • Unsuccessful fertility treatment (e.g., IUI, ART) by the employee or immediate family partner.
  • Benefit duration limits:
    • If the bereavement event would not otherwise be eligible for TDBL or FLA benefits, up to 21 days of benefits may be paid.
    • If the bereavement event would be eligible for TDBL or FLA benefits, up to 7 days may be paid.
  • Payments under bereavement FTBL are made as family temporary disability leave benefits (per P.L.2008, c.17).
  • This addition does not increase the maximum amount of FTBL leave available under existing law.

C. Eligibility and Employment Definitions (Existing Law Amended)

  • Updates to terms such as “Employer,” “Employee,” “Covered employer,” “Covered individual,” and related definitions to integrate bereavement leave within the current framework for FLA and TDBL.
  • Clarifies certification requirements for leave (medical or other appropriate certifications) and allows for independent second/third opinions when necessary.
  • Maintains employer rights to require appropriate documentation and to deny leave under specific, narrow conditions (e.g., for high-paid employees where denial is necessary to prevent substantial economic injury), with exceptions during emergencies or public health crises.

D. Administrative and Timeline Details

  • Effective date: The act takes effect one year after enactment.
  • Scheduling and notice: Provisions align with existing FLA scheduling rules (e.g., notification requirements, potential intermittent leave for certain categories, and coordination with school/daycare closures during epidemics).
  • Funding and administrative body: Leaves and benefits administered by the same division responsible for Temporary Disability and Family Leave Insurance (within the NJ Department of Labor and Workforce Development).

3) Who Is Affected

  • Employees in New Jersey who are eligible for Family Leave Act protections.
  • Employees experiencing bereavement linked to:
    • Death or loss of a child (including miscarriage, stillbirth, medically terminated pregnancy).
    • Unsuccessful adoptions planned by the employee.
    • Unsuccessful fertility treatments (e.g., IUI, ART) by the employee or partner.
  • Employers subject to the FLA and FTBL (including state and local government employers that elect to participate for FTBL purposes).
  • Health care providers and institutions involved in certifying health conditions or events for leave purposes (consistent with existing certification provisions).

4) Procedural and Timeline Aspects

  • New bereavement scenarios added to FLA and FTBL definitions, with specified maximum days:
    • 21 days for certain bereavement circumstances not otherwise eligible for leave/benefits.
    • 7 days for bereavement circumstances already eligible for leave/benefits.
  • Benefits payable under bereavement leave flow through the existing Family Temporary Disability Leave framework.
  • One-year post-enactment effective date.
  • Certifications: Employers may require appropriate medical or official certifications, with potential for second/third opinions if credibility concerns arise.
  • Intermittent leave provisions remain available where medically appropriate, consistent with current law and epidemic-related provisions.

5) Overall Impact

  • Provides explicit protected leave and related benefits for bereavement tied to fertility, pregnancy outcomes, and failed adoptions or fertility treatments.
  • Aligns bereavement leave with existing mechanisms under the Family Leave Act and Temporary Disability Benefits Law, ensuring consistency in eligibility, notice, certification, and payment processes.
  • Clarifies that this expansion does not increase the total amount of leave or FTBL benefits available under the current statutes; it instead classifies certain bereavement events under the existing benefit structures.

Compiled from official sources — confirm details with the bill’s official record.

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