New Jersey has amended its temporary disability law to provide job protection for those who are disabled because they have donated bone marrow or an organ. The amendment takes effect May 20, 2020. The law doesn’t specify the duration of the required job-protected leave, but temporary disability benefits can last up to 26 weeks. The amendment also eliminated the typical one-week waiting period before an employee receives disability benefits when they donate an organ or bone marrow.
After taking bone marrow or organ donation leave, employees are entitled to reinstatement to the same position they had when they took leave or an equivalent position. Employees who would have been laid off regardless of whether they took disability leave are not entitled to reinstatement. However, they are entitled to the same recall rights they would have if they had not taken disability leave.
The law does not say whether an employee has to be eligible for temporary disability benefits to be entitled to reinstatement, so we recommend against imposing that requirement. We will update the HR Support Center if eligibility criteria are clarified by the state.