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Committee advances bill expanding bereavement and family‑leave protections despite small‑business concerns

New Jersey Assembly Labor Committee · March 16, 2026
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Summary

A‑21‑98, which would add bereavement coverage for child death, miscarriage and stillbirth and expand Family Leave Act protections, was released by the Labor Committee after sponsors and witnesses debated verification and small‑employer burdens.

The Assembly Labor Committee read and released Assembly bill A‑21‑98, which expands protections under the Family Leave Act and family temporary disability insurance to cover bereavement for the death of a child, miscarriage, stillbirth and certain other circumstances. The clerk read the bill into the record; committee members then heard testimony from representatives of the New Jersey Business & Industry Association and others.

Representatives from NJBIA told the committee the association had moved to a neutral position on the amended bill but emphasized concerns about small employers and verification of leave claims. "We are neutral, and we're looking forward to continuing the conversation with you all," said Jack, an NJBIA policy analyst who said the amended language clarified scope. Committee members asked how employers would verify claims such as "failed fertility treatment" or a failed adoption; Jack said he would follow up with written detail.

Assemblyman Bergen strongly criticized the bill's expansion to cover failed fertility treatments and failed adoptions, arguing it would create burdens for the smallest employers and that the Family Leave Act was intended for serious medical caregiving needs. "The Family Leave Act was designed for people who need to care for people who are sick or dying," Bergen said in debate, adding that the proposal as drafted risked becoming "a circus" when extended to non‑medical circumstances. Other members, including Assemblyman Danielson, said the protections were important and worth any cost.

Committee members discussed the bill's thresholds, including employer size and employee tenure. The record indicates the bill would expand the reach of FMLA‑type protections (discussion referenced a 12‑week Family Leave Act period and a seven‑day bereavement leave benchmark), and witnesses said the amendments clarified that the measure does not create a separate standalone leave system.

After questions and debate, the committee voted to release A‑21‑98 as referred to committee. Sponsors and staff said they will provide follow‑up answers on verification safeguards requested by members.

What's next: The bill was released by the Labor Committee and will proceed according to standard referral and scheduling rules; staff promised a written follow‑up on verification questions.