On October 1, 2013 a new law, known as the “New Jersey Security and Financial Empowerment Act” or the “NJ SAFE Act,” goes into effect.  The NJ SAFE Act provides that any employee in the State of New Jersey who was a victim of “domestic violence” or “a sexually violent offense”, or whose child, parent, spouse, domestic partner, or civil union partner was a victim, is entitled to unpaid leave of up to 20 days (to be used in the twelve (12) month period following the incident or offense).The unpaid leave may be taken intermittently in intervals of no less than one day as needed for the purpose of engaging in certain enumerated activities as they relate to the incident of domestic violence or sexually violent offense.

The bad news is that the law allows an employer to require the employee to use any of the employee’s accrued paid vacation leave, personal leave, or medical or sick leave during any part of the 20-day period of unpaid leave.  However, the law provides that the employee must receive pay pursuant to the employer’s applicable paid leave policy during the period of otherwise unpaid leave in these cases.  To be eligible, employees must have worked for the employer for 12 months and must have worked not less than 1,000 base hours during that time.

An employee who wishes to take leave under the new law must provide their employer with written notice and documentation supporting the period of leave.  The information must be held under the “strictest confidentiality” unless disclosure is voluntarily authorized in writing by the employee (or is required by a State of Federal Law).   Sufficient documentation if the employee provides one or more of the following:

1. a domestic violence restraining order or other documentation of equitable relief issued by a court of competent jurisdiction; 
2. a letter or other written documentation from the county or municipal prosecutor documenting the domestic violence or sexually violent offense; 
3. documentation of the conviction of a person for the domestic violence or sexually violent offense;
4. medical documentation of the domestic violence or sexually violent offense;
5. certification from a certified Domestic Violence Specialist or the director of a designated domestic violence agency or Rape Crisis Center, that the employee or employee’s (family or household member) child, parent, spouse, domestic partner, or civil union partner is a victim of domestic violence or a sexually violent offense; or 
6. other documentation or certification of the domestic violence or sexually violent offense provided by a social worker, member of the clergy, shelter worker, or other professional who has assisted the employee or employee’s (family or household member) child, parent, spouse, domestic partner, or civil union partner in dealing with the domestic violence or sexually violent offenses.