Bill Introduced in New Jersey to Guarantee Bereavement Leave for Miscarriage/Stillbirth
In January of 2026, a New Jersey legislator introduced a proposed bill that would guarantee bereavement leave as a form of family leave for miscarriages and stillbirths. The proposed legislation is Assembly Bill (A) 113. Here, our New Jersey family leave attorney provides a more comprehensive overview of the proposed law.
Know the Existing Law: Family and Medical Leave in New Jersey
The State of New Jersey has a more comprehensive, employee-friendly family and medical leave law than the federal Family and Medical Leave Act (FMLA). The New Jersey Family Leave Act (NJFLA) grants eligible employees up to 12 weeks of job-protected leave within a 24-month period to care for a family member or bond with a new child. It applies to employers with 30 or more employees nationwide and requires that the employee meet minimum hours-worked thresholds. In contrast, the FMLA only covers employers with 50 or more employees. However, the NJFLA does not cover an employee’s own medical condition, unlike federal law.
An Overview of the Proposed Reform: Assembly Bill (A) 113
The proposed bill (Assembly Bill A113) fits within a broader legislative push in New Jersey to expand protected family leave to cover bereavement tied to pregnancy loss. Prior proposals, including companion measures in earlier sessions, sought to amend the New Jersey Family Leave Act (NJFLA) to expressly include miscarriage and stillbirth within the definition of qualifying events. As currently drafted in the January 2026 proposal, the statute defines qualifying loss. Earlier versions of similar legislation used expansive language that covered miscarriage, stillbirth, termination of pregnancy for medical reasons, and even failed fertility treatments.
Understanding the Relationship to Temporary Disability and Paid Leave Benefits
New Jersey maintains a dual system of job-protected leave and wage-replacement benefits through its Temporary Disability Benefits (TDB) and Family Leave Insurance (FLI) programs. The proposed bereavement leave protections for miscarriage and stillbirth are designed to align with that already existing labor law structure. The proposed legislative text states that employees may access family temporary disability benefits while on bereavement leave for pregnancy loss.
There are Still Many Legislative Hurdles for the Bill to Become Law
As of the Spring of 2026, Assembly Bill A113 is proposed legislation. While the bill has some significant support, it is still a long way from becoming law. There are a number of remaining legislative hurdles. Our law firm will keep a close watch on any legal and legislative developments to ensure that we are best positioned to protect the rights and interests of our clients.
Call Our New Jersey Family Leave Attorney Today
At Poulos LoPiccolo PC, our New Jersey family leave attorney has the professional expertise that you can trust. If you have any questions about family leave rights, please do not hesitate to contact us to set up a completely confidential case review. Our firm handles family and medical leave cases in Monmouth County and throughout New Jersey.
Source:
legiscan.com/NJ/bill/A113/2026
