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Bill

S 4197

Requires employer to allow employee suffering from menstrual disorder to work remotely in certain circumstances.

2024-2025 Regular Session Introduced by Angela McKnight and 1 co-sponsor

Requires employers to provide at least two full remote-work days per month for employees with qualifying menstrual disorders.

Introduced in the Senate, Referred to Senate Labor Committee
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Bill Summary · S 4197

Summary: S 4197 (New Jersey) — Remote Work Accommodations for Menstrual Disorder Symptoms

Overview

  • Bill: S 4197
  • Title: Requires employer to allow employee suffering from menstrual disorder to work remotely in certain circumstances
  • Purpose: To require employers to provide a remote-work option for employees experiencing chronic symptoms from qualifying menstrual disorders, with a minimum of two full remote-work days per month.
  • Status: Introduced in the Senate on February 3, 2025; referred to the Senate Labor Committee
  • Classification/Subject: Health, Women

Key Provisions

  • Minimum remote-work accommodation. Upon an employee’s request, an employer must provide the option to work remotely for not less than two full days per month to accommodate symptoms arising from qualifying menstrual disorders. Covered conditions include, but are not limited to:

    • Uterine fibroids
    • Endometriosis
    • Polycystic ovary syndrome (PCOS)
    • Adenomyosis
    • Premenstrual syndrome (PMS)
    • Premenstrual dysphoric disorder (PMDD)
    • Dysmenorrhea
    • Menorrhagia
    • Any menstrual-cycle-related condition causing discomfort but not disabling the employee from performing essential duties

  • Medical substantiation. An employer may require a note from a medical provider to confirm the employee meets the bill’s criteria for remote-work accommodations.

  • Non-retaliation. Employers may not penalize an employee for requesting or engaging in remote work under the bill.

  • Burden of proof in disputes. If there is a dispute about whether remote work would create an undue burden or whether the employee can perform essential duties remotely, the employer bears the burden of proving, by a preponderance of the evidence, that either the remote-work arrangement would be an undue burden or that the employee cannot perform duties remotely.

  • Penalties for violations. Civil penalties may be imposed by the Commissioner of Labor and Workforce Development:

    • First violation: up to $1,000
    • Second violation: up to $5,000
    • Each subsequent violation: up to $10,000
    • Proceedings conducted under the Penalty Enforcement Law of 1999

  • Effective date. The act takes effect on the first day of the second month after enactment.

  • Statutory basis. Supplements Title 34 of the Revised Statutes.

Who Is Affected

  • Employers subject to New Jersey labor laws (private-sector and public-sector workplaces within the state, as applicable under state law).
  • Employees who experience qualifying menstrual disorders or related symptoms that impede in-person work but not necessarily the ability to perform duties remotely.

Procedural and Timeline Aspects

  • Introduced: February 3, 2025
  • Current stage: Referred to Senate Labor Committee
  • Related/Companion measures: Companion bills and related actions exist (e.g., A 6201; S 8421, S 7137, A 3334), indicating parallel consideration in Assembly and Senate.

Legislative Context

  • Primary Sponsor: Andrew Gounardes
  • Co-sponsor: Liz Krueger
  • The bill situates remote-work accommodations within health protections for women, aligning employment practices with accommodations for chronic health conditions.

Potential Impact

  • Provides a concrete, codified right to remote work days for menstrual-disorder symptoms, potentially improving attendance, productivity, and well-being for affected employees.
  • Creates a measurable standard (two full remote days per month) with a clear dispute framework and penalties for noncompliance.
  • Could influence employer policies on remote-work arrangements and medical documentation requirements.

Note: This summary reflects the introduced version and current bill text as of the provided information.

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

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