The New Jersey Security and Financial Empowerment Act, known as the NJ SAFE Act, gives eligible employees up to 20 days of unpaid, job-protected leave in a 12-month period when they or a covered family member have experienced domestic violence or a sexually violent offense. The leave can be used for medical care, counseling, safety planning, legal help, and court proceedings, and the law prohibits employers from firing, harassing, or retaliating against workers who use it. The statute is codified at N.J.S.A. 34:11C-1 et seq.
Who Is Eligible
Eligibility has two parts: your work history and your employer’s size. Under the rules in place since the SAFE Act’s enactment, you must have worked at least 1,000 hours during the 12 months before the leave, and your employer must have had 25 or more employees on each working day during at least 20 calendar workweeks in the current or preceding calendar year.1New Jersey Department of Labor and Workforce Development. New Jersey SAFE Act NJSA 34:11C-1 et seq. Full-time and part-time workers both count toward the employer threshold.
The July 2026 Expansion
Governor Murphy signed A3451 into law on January 17, 2026, and the new thresholds take effect July 17, 2026. On that date, the hours requirement drops to 250 hours in the preceding 12 months, the length-of-employment requirement becomes three months, and the employer-size threshold falls from 25 employees to 15.2New Jersey Legislature. New Jersey Legislature – Bill A3451 Workers at smaller businesses and newer hires who do not qualify today will qualify then.
Who the Leave Covers
You do not have to be the direct victim. SAFE Act leave is available when the victim is your spouse, domestic partner, civil union partner, parent, child, sibling, grandparent, grandchild, parent-in-law, any blood relative, or any other person you can show has a relationship equivalent to a family bond.3Justia Law. New Jersey Code 34:11C-3 That last category recognizes chosen family and close friendships that function like kinship.
What the 20 Days Can Be Used For
The 20 days follow an incident of domestic violence or a sexually violent offense. Each new incident triggers a new entitlement, but the total is still capped at 20 days in any 12-month window.3Justia Law. New Jersey Code 34:11C-3 Qualifying uses include:
- Medical treatment or recovery from physical or psychological injuries, for you or a covered family member
- Services from a victim services organization, domestic violence agency, or shelter
- Psychological or other counseling
- Safety planning, relocation, or installing security measures
- Meeting with an attorney, seeking a restraining order, or taking other legal steps
- Attending, preparing for, or participating in related civil or criminal court proceedings
How the Leave Works
SAFE Act leave is unpaid by default. If you have accrued vacation, personal leave, sick leave, or family temporary disability benefits, you can elect to use that paid time during the leave. The paid time runs concurrently with SAFE Act leave rather than adding to the 20 days.1New Jersey Department of Labor and Workforce Development. New Jersey SAFE Act NJSA 34:11C-1 et seq.
You do not have to take the leave in one block. It can be used intermittently in increments of no less than one full day.3Justia Law. New Jersey Code 34:11C-3 For survivors juggling court dates, counseling appointments, and housing searches over weeks or months, that flexibility matters.
Notice and Documentation
When the need is foreseeable, give your employer written notice as far in advance as is reasonable under the circumstances. When it is not foreseeable, you can notify your employer after the fact and provide documentation once you are able.1New Jersey Department of Labor and Workforce Development. New Jersey SAFE Act NJSA 34:11C-1 et seq.
Your employer may request documentation showing that domestic violence or a sexually violent offense occurred. You only need to provide one of the following:
- A temporary or final restraining order
- A letter or certification from a medical professional
- Documentation from a victim services organization or domestic violence advocate
- Court records such as a police report, complaint, or indictment
- A signed letter from an attorney representing the victim
The range of accepted documents matters because not every survivor has a restraining order or a case that has reached a courtroom.3Justia Law. New Jersey Code 34:11C-3
Job Protection and Anti-Retaliation
When your leave ends, you are entitled to return to the same position or an equivalent role with the same pay, benefits, and seniority. Your employer cannot fire, harass, discriminate against, or retaliate against you for requesting or taking SAFE Act leave, and the ban extends to threats of any of those actions. Your employer also cannot punish you for refusing to authorize the release of confidential information about the leave.1New Jersey Department of Labor and Workforce Development. New Jersey SAFE Act NJSA 34:11C-1 et seq.
If your employer violates these protections, you can file a civil action seeking lost wages and benefits, reinstatement, attorney’s fees and costs, and an injunction against further unlawful conduct. Employers face civil fines of $1,000 to $2,000 for a first violation and up to $5,000 for each subsequent violation.
Confidentiality
Documentation you provide must be kept in the strictest confidence. Your employer cannot share it with coworkers, managers outside the need-to-know chain, or third parties unless you authorize the disclosure in writing or a federal or state law requires it.3Justia Law. New Jersey Code 34:11C-3
How the SAFE Act Works With Other Leave Laws
If your situation qualifies under both the SAFE Act and the New Jersey Family Leave Act or the federal Family and Medical Leave Act, the leaves run concurrently. Days used count against your entitlement under each law at the same time, so the SAFE Act’s 20 days do not automatically stack on top of 12 weeks of FMLA leave when both cover the same underlying reason.1New Jersey Department of Labor and Workforce Development. New Jersey SAFE Act NJSA 34:11C-1 et seq.
Injuries that amount to a “serious health condition” may independently qualify you for up to 12 weeks of FMLA leave if your employer has 50 or more employees. FMLA’s eligibility thresholds are higher than the SAFE Act’s: 12 months of employment and at least 1,250 hours worked.4U.S. Department of Labor. Family and Medical Leave Act When needs run beyond 20 days, FMLA can extend the runway.
New Jersey’s Earned Sick Leave law provides a separate bank of up to 40 hours per year that can be used for absences related to domestic or sexual violence, covering the same categories as the SAFE Act. For a single counseling session or court appearance, earned sick leave may be the better choice because it is paid.
What Counts as Domestic Violence or a Sexually Violent Offense
The SAFE Act borrows its definitions rather than creating new ones. Domestic violence is defined by the Prevention of Domestic Violence Act (N.J.S.A. 2C:25-19), which lists specific criminal acts, including assault, terroristic threats, sexual assault, harassment, and stalking, when committed by a current or former spouse, household member, co-parent, or dating partner. A sexually violent offense is defined by N.J.S.A. 30:4-27.26 and includes sexual assault, aggravated sexual assault, and similar crimes regardless of the relationship between the parties.3Justia Law. New Jersey Code 34:11C-3 Domestic violence requires a qualifying relationship; a sexually violent offense does not. Either triggers the full 20 days.