New Jersey Administrative Code
Title 13 - LAW AND PUBLIC SAFETY
Chapter 14 - RULES PERTAINING TO THE FAMILY LEAVE ACT
Subchapter 1 - GENERAL PROVISIONS
Section 13:14-1.3 - Applicability
Universal Citation: NJ Admin Code 13:14-1.3
Current through Register Vol. 56, No. 18, September 16, 2024
(a) For the purpose of counting employees, an employer, as defined in the Act and in this chapter, shall consider:
1. Employees in this State, irrespective
of their eligibility for family leave;
2. Employees who work outside of the State of New
Jersey; and
3. Employees of an
employer's subsidiary, division or other related entity. In making the determination
of whether to count the employees of an employer's subsidiary, division or other
entity, the Division on Civil Rights will consider any or all of the following
factors on a case by case basis:
i. The
interrelationship of the employer's operation;
ii. The degree of centralized control of labor
relations;
iii. The existence of common
management; and/or
iv. The degree of
common ownership or financial control.
(b) Employers that are government entities are deemed to be an "employer" under the Act notwithstanding the requirements of (a) above. Government entities may deny leave under the Act to those employees that are exempt pursuant to 13:14-1.9.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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