Domestic Violence Leave Laws in New Jersey

Federal law does not provide a dedicated right to leave for domestic violence. However, the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., may allow eligible employees at covered employers to take unpaid, job-protected leave if the domestic violence or its effects qualify as a serious health condition. The Violence Against Women Act (VAWA), 34 U.S.C. § 12291, prohibits housing discrimination based on domestic violence status but does not create employment leave rights.

The EEOC enforces Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, which prohibits discrimination based on sex; this has been interpreted to include discrimination based on gender-based violence in some contexts. However, there is no federal statutory entitlement to leave specifically for domestic violence, sexual assault, or stalking purposes. Employers with 50 or more employees are covered by the FMLA's job protection standards, but only if the employee meets the statute's eligibility requirements (12 months of service, 1,250 hours worked, and employed at a qualifying site).

State laws, including New Jersey's, fill this gap by creating independent rights to domestic violence leave that do not depend on FMLA eligibility.

New Jersey Statutes Annotated § 34:11B-1 et seq. creates a standalone right to domestic violence leave that is significantly stronger than federal law. The statute applies to employers with 50 or more employees, a broader threshold than the FMLA's 50-employee site requirement combined with the 12-month service threshold.

Under N.J.S.A. § 34:11B-2, an employee who is a victim of domestic violence, sexual assault, or stalking may take reasonable leave for purposes including: (1) seeking medical care or counseling; (2) appearing in court; (3) obtaining, renewing, or modifying a protective order; (4) relocating or securing housing; (5) attending meetings with police, prosecution, or victim services; and (6) addressing other reasonably necessary safety concerns. Leave may be paid or unpaid at the employer's discretion, but employers may not require employees to use paid leave before taking unpaid leave under this statute.

N.J.S.A. § 34:11B-3 requires the employee to provide notice when practicable. Employers may require certification of domestic violence status using a form provided by the Department of Labor or a certification from a licensed healthcare provider, court record, law enforcement report, or victim services provider. The certification requirement cannot be used to delay or deny leave improperly.

N.J.S.A. § 34:11B-5 explicitly prohibits retaliation: employers cannot discharge, demote, suspend, threaten, harass, or discriminate against any employee because the employee took leave for domestic violence purposes, filed a complaint, or cooperated with law enforcement. This protection extends beyond the employee's own victimization to family members in the employer's care.

Remedies under N.J.S.A. § 34:11B-6 include reinstatement, back pay with interest, damages, attorney fees, and costs. The Department of Labor and Workforce Development enforces the statute. Unlike the FMLA, there is no requirement that an employee have worked 12 months or 1,250 hours to qualify, making the New Jersey statute significantly more accessible.

N.J.S.A. § 34:11B-1 et seq. does not apply to employers with fewer than 50 employees, significantly limiting coverage compared to federal protections. The statute covers 'employees' as defined under New Jersey wage and hour law; independent contractors, volunteers, and unpaid interns are not covered.

The law applies only to victims of 'domestic violence, sexual assault, or stalking' as defined in the statute, incorporating the definitions from N.J.S.A. § 2C:25-19 (domestic violence statute). Employers may require certification of victim status, which can come from a licensed healthcare provider, a court record showing the issuance of a protective order, a law enforcement report, or a victim services provider. If an employee cannot provide such certification, the employer may deny leave, though employers should be cautious about retaliation claims if the denial is retaliatory rather than based on genuine lack of certification.

At-will employment principles still apply to other employment decisions, but employers cannot use at-will status to fire an employee for taking leave protected by the statute. Employers may lawfully impose requirements that the employee provide notice when practicable and may require certification; these are not retaliation if applied in good faith.

The statute contains no explicit carve-out for union employees, but collective bargaining agreements may provide superior benefits. If a CBA provides more generous leave rights, the CBA terms apply. Employees cannot be required to exhaust paid leave (vacation, PTO, or sick leave) before taking unpaid domestic violence leave under the statute, though employers may choose to provide paid leave and require its use.

Employers are not required to pay for leave taken under the statute unless the employer voluntarily provides paid leave. However, leave must be 'reasonable' in duration; a single day or a few hours to attend court may be reasonable, while an indefinite or excessive duration might not be, though the statute provides no specific cap. Military service members are not excluded, but the statute does not expand protections beyond those defined in the domestic violence statute.

Step 1: Document Everything

Keep detailed records of all absences related to domestic violence and the reasons for them. Save email communications requesting leave, approval or denial responses from your employer, and any comments from supervisors about your leave or performance. Document the dates and times of appointments, court dates, or safety-related activities that required leave. Take screenshots of text messages or emails discussing your domestic violence situation if they relate to leave requests. Keep any certification documents (protective order, doctor's note, police report, or victim services letter) that you provide to your employer. Store these materials in a safe location outside your workplace, such as a cloud storage account, personal email, or with a trusted friend or family member.

Step 2: Request Leave Formally and Provide Notice

Provide notice of your need for leave as soon as practicable, following your employer's standard leave request procedures. If your company uses an HR portal, email, or phone line for leave requests, use that method. In your notice, you may indicate that the leave is for a confidential personal matter or family safety concern without necessarily disclosing details of the domestic violence. If your employer asks for certification, provide it using documents issued by a healthcare provider (medical or mental health provider), a court (protective order), law enforcement (police report), or a victim services provider. The certification must be signed and dated. You are not required to disclose specific details of the abuse; the certification only needs to confirm victim status. Keep a copy of everything you submit.

Step 3: File a Complaint with the Correct Agency

If your employer denies leave, retaliates against you, or fires you for taking domestic violence leave, file a complaint with the New Jersey Department of Labor and Workforce Development, Division on Civil Rights (DCR). You can file online at nj.gov/labor/civil-rights or by mail to: New Jersey Department of Labor and Workforce Development, Division on Civil Rights, 1 John Fitch Plaza, Trenton, NJ 08625. Include your name, address, phone number, email, and your employer's name and address. Describe what happened, when it happened (specific dates), how you requested leave, whether you provided certification, and how your employer responded. Attach copies of all documentation: leave requests, email responses, termination notice, performance reviews showing a change after you took leave, and any certification you provided. The deadline for filing a complaint is generally governed by New Jersey's civil statute of limitations for employment claims; consult with an attorney immediately if terminated to avoid missing deadlines. You may also call the DCR at (609) 292-4605 for guidance on filing.

Step 4: Understand the Investigation Process

Once you file, the DCR will conduct an investigation. An investigator will contact you within a few weeks to discuss your complaint and gather additional information. The investigator will also contact your employer to request documents, including personnel files, leave records, emails about your request, and information about the employer's leave policies. The investigation typically takes 60 to 90 days, though complex cases may take longer. During this time, you should respond promptly to any requests from the investigator and provide additional documentation if asked. Your employer may contact you as part of the investigation; you have the right to have an attorney present. Do not sign any agreements or releases without consulting an attorney first. If the investigator finds probable cause of a violation, the case may proceed to a public hearing before an administrative law judge, or the parties may attempt to settle. Settlement discussions may occur at any stage.

Step 5: Consult an Attorney

Contact an employment law attorney as soon as you believe a violation has occurred, ideally before filing a complaint. An attorney can help you evaluate whether you have a strong claim, identify all applicable laws (the domestic violence statute, wrongful termination, retaliation, and potentially other laws), and advise you on settlement options. Many employment attorneys work on contingency or reduced fees for retaliation claims. If your case succeeds, the employer must pay your attorney fees and costs under N.J.S.A. § 34:11B-6, making attorney representation more accessible. An attorney can also help you negotiate with your employer before filing a formal complaint, sometimes resulting in reinstatement or severance. If you are still employed, consult an attorney confidentially to avoid alerting your employer to a legal claim prematurely.