New Jersey

Pregnancy and Work

Protection Against Pregnancy Discrimination

Under the federal Pregnancy Discrimination Act (PDA), employers with 15 or more employees cannot discriminate against pregnant workers. Employers must treat pregnancy, childbirth, and related medical conditions the same as any other temporary medical condition in terms of hiring, firing, pay, job assignments, and promotions.
Example: If your employer offers light-duty work for someone with a temporary injury, they must also offer it to pregnant employees if needed.

More so, under the New Jersey Law Against Discrimination (NJLAD), it is unlawful for employers to discriminate against employees due to pregnancy, childbirth, recovery from childbirth, breastfeeding, lactation, or related medical conditions. The New Jersey Pregnant Workers Fairness Act (PWFA), enacted in 2014, added pregnancy as a protected characteristic under the NJLAD. Employers are required to provide reasonable accommodations to employees who are pregnant or lactating, unless doing so would constitute an undue hardship to the employer’s business.

Workplace Accommodations

Federal law (PDA and the Americans with Disabilities Act, or ADA) may require reasonable accommodations for pregnancy-related conditions. Specifically, the Pregnant Workers Fairness Act provides groundbreaking protections for pregnant, postpartum, and pumping workers, and gives them the right to get accommodations at work that will help them keep their jobs and protect their health. The law gives the right to things like extra breaks, flexible scheduling to attend doctors' appointments, time off to recover from childbirth or miscarriage, light duty, remote work, and much more.

In addition to the nationwide protections available under the Pregnant Workers Fairness Act (which also applies to public sector workers), the NJLAD mandates that employers provide reasonable accommodations for pregnant, postpartum, breastfeeding, or lactating employees. Employers must grant accommodation requests without undue delay or, if the request is extremely expensive or difficult to accommodate, work with the employee to find alternative accommodations.

Workplace Safety for Pregnant Workers

Employers are required to ensure a safe working environment for pregnant employees. Employees can report unsafe conditions to the New Jersey Division on Civil Rights.

Taking Time Off Work

Family Leave

The New Jersey Family Leave Act (NJFLA) allows eligible employees of covered employers to take up to 12 weeks of job-protected leave during 24 months to care for or bond with a child. Eligibility requirements include:

• Working for a state or local government agency, or a company or organization with 30 or more employees worldwide.
• Having been employed by the company for at least 1 year.
• Having worked at least 1,000 hours in the past 12 months.

Paid Leave

Pregnant and postpartum employees may be entitled to cash benefits for pregnancy-related leave, including leave to recover from childbirth and care for their baby, through New Jersey Temporary Disability (TDI) and Family Leave Insurance (FLI). These programs provide partial wage replacement during periods of qualifying leave.

Returning to Work with a Baby

Break Time for Nursing Mothers

Under the NJLAD, employers are required to provide

• Reasonable break time for an employee to express breast milk for their nursing child
• A private, non-bathroom space for expressing milk

These accommodations must be provided for the duration of the employee's nursing period. The law applies to all employees, regardless of employer size.

Workplace Protections for New Parents

Equal Pay

New Jersey's wage laws ensure equal pay for equal work, regardless of gender or parental status.

Employment Termination

Employers cannot terminate or retaliate against employees for taking protected leave (e.g., NJFLA) or requesting pregnancy-related accommodations.

Job Protection

The NJFLA guarantees that employees can return to their same or an equivalent position after taking parental leave.

Support for Parents in New Jersey

Childcare Assistance

New Jersey offers programs like the Child Care Assistance Program (CCAP) to help working parents with childcare costs.

Paid Family Leave

New Jersey provides paid family leave through the Family Leave Insurance (FLI) program, offering wage replacement benefits to eligible employees taking leave to care for a family member or bond with a new child.

Flexible Work Policies

Some New Jersey employers may voluntarily offer flexible work arrangements, remote work, or paid parental leave as part of their benefits.

Breastfeeding-Related Rights

The Fair Labor Standards Act (FLSA) requires employers to provide reasonable break time for an employee to express breast milk for their nursing child for one year after the child's birth each time such employee has a need to express the milk. Employees are entitled to a place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.
On December 29, 2022, President Biden signed the Consolidated Appropriations Act, 2023, into law. This legislation introduced the PUMP for Nursing Mothers Act (“PUMP Act”), expanding these rights to more nursing employees, including agricultural workers, nurses, teachers, truck and taxi drivers, home care workers and managers.

The PUMP for Nursing Mothers Act requires employers to provide

• Reasonable break time for an employee to express breast milk for their nursing child
• A place to pump at work, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public.

These accommodations must be provided for one year after the child's birth and be available each time an employee needs them.

These laws and programs aim to support pregnant workers and new parents as they balance work and family responsibilities in New Jersey.