Bereavement Leave Under Paid Family Leave: How NJ Bill A3505 Would Expand FLI for Grieving Workers

Bereavement leave under New Jersey’s Family Leave Insurance program is being reconsidered through proposed bill A3505. The bill focuses on wage replacement for workers who have lost a family member. It shifts the focus to whether grieving employees receive structured, state-backed income support during this time. 

After a loss, many employees piece together time off using vacation days or informal arrangements, often without any income protection. When people turn to our team at Brandon J. Broderick for guidance, they are often dealing with that uncertainty while trying to manage both grief and finances. 

A3505 changes that approach. What is often treated as a short, unpaid absence becomes a system with clear rules. When bereavement leave becomes part of FLI, eligible employees receive wage replacement benefits linked to the time taken after a family loss.

In this guide, we discuss what A3505 proposes, how it would work within the FLI program, what eligibility standards apply, and when to speak with an employment lawyer in New Jersey. 

What Family Insurance Covers Today and How A3505 Expands Bereavement Leave in NJ

New Jersey’s Family Leave Insurance (FLI) pays partial wages when a worker steps away from work for specific family reasons. It is part of the state’s temporary disability system and is administered by the New Jersey Department of Labor and Workforce Development. FLI isn’t a general paid time off program. It covers defined situations, and grief alone is not one of them.

Current law allows benefits when a worker:

• Bonds with a new child within the first year after birth or placement
• Cares for a family member with a serious health condition
• Handles certain public health emergency-related caregiving needs

Benefit duration is set by statute. Eligible workers receive up to 12 weeks of continuous time off or 56 intermittent days in 12 months. The program replaces a percentage of wages, subject to a cap. Those payments come from employee payroll contributions, not general tax revenue.

FLI works alongside the New Jersey Family Leave Act, which provides job-protected time off. The two laws can overlap, but they serve different purposes. FLI replaces income, and NJFLA protects the job. A worker might qualify for one without the other.

Eligibility rules matter. A worker must meet service requirements and work for a covered employer. Recent amendments expand coverage, but the core concept stays the same. NJFLA protects leave tied to caregiving or bonding, not grief.

Federal law follows a similar approach. The Family and Medical Leave Act of 1993 protects time off for serious health conditions and family care. It doesn’t create a stand-alone bereavement category. Some workers use FMLA after a loss if they develop a qualifying medical condition, including leave for mental health. The route depends on documentation and timing.

This creates a difficult situation for workers. Someone who loses a child or experiences a miscarriage often doesn’t qualify for FLI or NJFLA unless another condition applies. Many rely on:

• Employer-provided bereavement policies
• Accrued sick time under the New Jersey Earned Sick Leave Law
• Vacation time
• Unpaid time off

Employer policies and leave options differ from one workplace to another. Some provide three to five days, others offer less, and some don’t recognize pregnancy loss or failed adoption as bereavement. In our practice at Brandon J. Broderick, those differences often make workers uncertain about how much time they can take. When more time is needed, employees are left weighing income against recovery. 

According to the U.S. Department of Labor, the most common FMLA violation in fiscal year 2025 involved denial of leave. Cases involving discipline or failure to reinstate followed closely behind. Enforcement activity also led to the recovery of $1,029,463 in back wages. 

A3505 and Paid Leave in NJ: Coverage for the Death of a Family Member

Not all losses fit within existing caregiving or medical categories. Some are immediate, severe, and time-limited. Those situations require defined leave with clear job protection. 

Bill A3505 proposed a targeted expansion. It aimed to add bereavement tied to reproductive loss to both wage replacement and job protection rules. The proposal would have amended the NJFLA and aligned those changes with FLI benefits.

Covered events in the proposal included:

• Death of a child
• Miscarriage
• Stillbirth
• Termination of pregnancy for medical reasons
• Unsuccessful adoption
• Failed fertility treatment, including assisted reproductive technology

The bill treated these events as forms of bereavement, not medical or administrative outcomes. It also reflects a broader understanding of loss. This includes failed fertility treatment that may not fit into existing categories. 

A3505 didn’t become law in its original form. It carried forward into newer bills, including A2198 in the current legislative session. The structure and policy goals remain largely the same.

Leave Structure and Timing Under A3505 Bereavement Family Leave in New Jersey

A3505 set out a specific structure for bereavement. It did not mirror the full 12-week leave used for bonding or caregiving. It created shorter, defined periods. The proposal allowed:

• Up to 21 days: immediately following a qualifying loss when the event did not otherwise trigger disability or benefits
• Up to seven days: when the worker is already qualified for benefits under existing temporary disability or family leave rules

The structure recognizes different scenarios. Some losses involve physical recovery that already qualifies for temporary disability benefits. A worker dealing with a failed adoption may not have a qualifying medical condition but still needs time away.

The bill also addressed who qualifies as a covered relationship. It extended beyond traditional definitions of family to include:

• A spouse or partner
• A person who would have been a co-parent
• A gestational carrier in certain circumstances

The broader definition aligns with how modern family-building works. It avoids forcing workers into narrow categories that don’t reflect real situations.

The proposal connects these events to job protection under NJFLA, meaning a covered worker returns to the same or an equivalent position. It also ties wage replacement to FLI. In practice, this structure limits employer demands that workers find coverage for their shifts.

A worker dealing with pregnancy loss could receive temporary disability benefits for physical recovery and then use bereavement leave for additional time. The bill’s structure tries to account for the overlap instead of forcing everything into one category.

Why Bereavement Leave for Grieving Workers Differs Under NJ FLI Expansion

Bereavement leave is meant for recovery, but some policies treat it as a short administrative break. In many workplaces, time off gets handled informally. For example, employers may offer compensatory time instead of overtime pay. That approach doesn’t reflect the reality of many losses. 

Pregnancy loss is one example. A miscarriage or stillbirth involves both physical and emotional recovery. Medical care may be required. Recovery isn’t predictable: some workers return quickly, others need more time. Without clear rules, many use whatever time they have and return before they are ready.

Failed adoption and fertility loss create similar issues. There may be no funeral or death certificate. The emotional impact is still real. A worker who spent months or years on adoption or treatment faces a sudden end. Standard policies don’t recognize these situations.

When clear rules are missing, the employer makes the decision. The result is inconsistent outcomes. When a law defines covered events, employers and workers follow the same rule. 

A3505 moves certain forms of grief into a defined structure. It sets clear limits and identifies when leave applies, similar to how other laws operate. A worker meets a condition and receives protection and benefits for a set period.

It also reduces reliance on medical workarounds. Under current law, some workers seek a diagnosis to qualify for leave. In our experience, that can lead to repeated requests for documentation, including second or even third medical opinions. The process depends on timing and paperwork. A bereavement category removes this step. The focus shifts from proving a medical condition to recognizing a loss.

When bereavement is a defined category, it’s no longer treated as an exception. It becomes part of standard management. The clarity benefits both sides. Employers know what to expect. Workers know what they are entitled to.

How A3505 Fits Into New Jersey’s Broader Leave Laws

New Jersey has expanded family leave over time. Each change reflects a broader view of what counts as a family-related need. A3505 fits into the pattern.

Recent amendments to the NJFLA expand access. Starting in 2026, eligibility expands with lower service requirements and a smaller employer-size threshold. More employees now receive job protection when they take family leave. FLI has also grown. Benefit duration increased in prior years. Coverage expanded to include more caregiving relationships. 

Courts would likely see fewer disputes about whether a loss qualifies for time off. The focus would shift to whether the employer followed the statutory requirements. This includes documentation and return-to-work rights.

New Jersey’s approach has evolved. Each expansion reflects a decision about what counts as a protected reason to step away from work. Bereavement leave is the next question on the list. The decision to take it no longer depends entirely on employer policy or available vacation time.

If you are dealing with a leave issue or have questions about your rights, contact us today for a free consultation.