protecting child Sexual Assault victims and victims' family

The New Jersey Security and Financial Empowerment Act (NJ SAFE Act), P.L. 2013, c.82, applies to employers with 25 or more employees and grants an employee 20 days of leave in a 12-month period if the employee, or the employee’s family member, including a child (under 19 or of any age incapable of self-care), parent, spouse, domestic partner, or civil union partner, has been the victim of domestic violence or a sexually violent offense. 

• "Child" means a biological, adopted, or foster child, stepchild or legal ward of a parent (per NJFLI definition);
• Eligible “family members” now include a parent-in-law, sibling, grandparent, grandchild, any individual related by blood, or any other individual with a close association equivalent of a family relationship;
• Employers may no longer require employees to use accrued paid leave; and
• Employees are now eligible for Family Leave Insurance benefits (see below).

(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 child, parent, spouse, domestic partner or civil union partner

(2) Obtaining services from a victim services organization for the employee or the employee’s child, parent, spouse, domestic partner, or civil union partner

(3) Obtaining psychological or other counseling for the employee or the employee’s child, parent, spouse, domestic partner or civil union partner

(4) Participating in safety planning, temporarily or permanently relocating, or taking other actions to increase the safety from future domestic violence or sexual violence or to ensure the economic security of the employee or the employee’s child, parent, spouse, domestic partner or civil union partner

(5) Seeking legal assistance or remedies to ensure the health and safety of the employee or the employee’s child, parent, spouse, domestic partner, or civil union partner, including preparing for or participating in any civil or criminal legal proceeding related to or derived from domestic violence 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 child, parent, spouse, domestic partner, or civil union partner, was a victim.

The SAFE Act allows an eligible employee to take 20 job-protected days within the 12 months follow the last incident of violence. Days may be taken intermittently but must be taken in full-day increments. 

Effective July 1, 2020, employees taking leave under the SAFE Act will be eligible for wage replacement benefits from the state, just as employees who utilize the NJ Family Leave Act. Employees can elect to use accrued paid leave or NJFLI benefits while on SAFE Act Leave, and leave will run concurrently with SAFE Act Leave. Employers CANNOT require employees to use existing paid time off, vacation, or other benefits for SAFE Act Leave. 

The NJ SAFE Act also prohibits an employer from discharging, harassing or otherwise discriminating or retaliating or threatening to discharge, harass or otherwise discriminate against an employee with respect to the compensation, terms, conditions or privileges of employment on the basis that the employee took or requested any leave that the employee was entitled to under the NJ SAFE Act, or on the basis that the employee refused to authorize the release of information deemed confidential under the NJ SAFE Act.

To obtain relief for a violation of the NJ SAFE Act, an aggrieved person must file a private cause of action in the Superior Court within one year of the date of the alleged violation. 

For more information, download the New Jersey Department of Labor SAFE Act Employment Law poster here.