New Jersey

Paternity Leave

The Family and Medical Leave Act (FMLA), mentioned in the sick leave section above, grants eligible employees the opportunity to take up to 12 weeks of unpaid leave per year, ensuring job protection for specific family and medical circumstances such as maternity leave, serious illnesses, or the need to care for a spouse or child. The FMLA offers the following benefits:

• Employees are entitled to take a total of twelve weeks off within a year for the purpose of celebrating the arrival of a new child into their family and providing care for the newborn during the first year of their life.
• Employees may be eligible for leave if they choose to adopt or provide foster care for a child and need to care for the child within the first year of placement.

Parental Leave

The Family and Medical Leave Act (FMLA), mentioned in the section on sick leave, offers eligible employees the opportunity to take up to 12 weeks of unpaid leave per year, ensuring job protection for specific family and medical circumstances such as maternity leave, serious illnesses, or the need to care for a spouse or child. This important provision allows employees to prioritize their family's well-being without fear of losing their job or income. The FMLA provides:

• To provide support and assistance to the employee's spouse, child, or parent who is facing a significant health challenge.
• A severe medical condition that renders the employee incapable of fulfilling the fundamental responsibilities of their position.
• any urgent and necessary situation that arises from the fact that the employee's spouse, son, daughter, or parent is serving as a military member on "active duty."

OR

• Employees who are eligible and have a family member serving as a covered servicemember with a serious injury or illness can take up to twenty-six weeks of leave within a one-year period to provide care. This leave, known as military caregiver leave, is available to the service member's spouse, son, daughter, parent, or next of kin.

Under the New Jersey Family Leave Act, eligible employees are entitled to receive benefits for a period of up to 6 weeks following the recovery period. This benefit can be extended to 12 weeks within a 24-month period for specific employees who meet the following criteria: employers with 50 or more employees, employees who have worked at least 100 hours in the past 12 months, and employees who need to care for a child within a year of birth, adoption, foster care, or the care of a family member.

• Companies employing a workforce of 50 or more individuals
• Employees who have accumulated a minimum of 100 working hours within the past 12 months
• And employees who have the responsibility of providing care for a child within the first year of their birth, adoption, placement in foster care, or the care of a family member.

Other Leave

Under New Jersey law, employers are obligated to grant job-protected leave to their full-time employees for jury duty, acting as a witness, responding to a subpoena, or serving as a plaintiff or defendant in court. This leave is unpaid but ensures that employees can fulfill their legal obligations. To avail this leave, employees must provide their employer with a copy of the jury summons or other relevant documentation.

In New Jersey, employees who are members of the U.S. armed forces, reserves, National Guard, commissioned corps of the Public Health Service, and any other category of persons designated by the president during times of war or emergency are protected against discrimination under state law.

Termination Process

In the absence of mass dismissals or specific provisions in an employment contract or a collective bargaining agreement, termination of an individual employment relationship in the United States does not require a formal "notice period." Employment is typically based on the principle of "at-will," allowing for flexibility in ending the working arrangement.

This allows either the employer or the employee to terminate the employment relationship without the need for notice or explanation, as long as it is not illegal or discriminates against a protected category under the law. This is in accordance with the Federal Worker Adjustment and Retraining Notification Act (WARN) and ensures flexibility in ending the working arrangement.

Employment agreements for top-level executives and highly skilled professionals commonly include a provision known as a "just cause termination" clause. This clause specifies that an employer can only terminate an employee if there is a valid reason, and it outlines the acceptable grounds for termination. In these situations, the parties involved negotiate the specific criteria for a "just cause" termination on a case-by-case basis.

Notice Period

In New Jersey, the employment relationship is typically "at-will," meaning that both the employer and the employee have the right to terminate the relationship without any notice. However, it is important to note that there is no legal requirement for employers to pay out unused vacation time. Nevertheless, it is common practice for employers to compensate employees for any unused vacation days, particularly if the employee provides advanced notice of their resignation. While there is no official notice period, it is generally expected for employees to provide a minimum of two weeks' notice.

In situations where there are mass layoffs, employers are required to adhere to the Worker Adjustment and Retraining Notification Act (WARN Act), which mandates that they provide a 60-day notice to employees who will be affected by the dismissals.

Severance Pay

Employers are not obligated to provide severance payments to terminated employees, unless it is specified in their employment contract or collective bargaining agreement. However, some employers may choose to offer severance based on the employee's length of service, with the specific provisions outlined in the contract and agreed upon by both parties. In New Jersey, it is common for employers to offer one week's pay for every year of service as a severance package.

Probation Period

There is no specific legal requirement for a formal "trial/probation period." However, it is customary for employers to conduct a performance evaluation after an initial period of employment, typically lasting 90 days. This evaluation allows both the employer and the employee to assess the fit and performance in the role.

VISA

Foreign individuals who do not possess permanent resident status or a valid work visa are prohibited from working in the United States. However, employers have the option to submit a petition on behalf of a prospective foreign employee to the United States Department of Homeland Security/ United States Citizenship and Immigration Services (USCIS) in order to obtain an employment visa. This visa allows the foreign national to legally work in the United States.

Once the petition is given the green light, the aspiring employee will need to obtain a "visa stamp" from a United States embassy or consulate (except for Canadian citizens). To secure a temporary work visa in the United States, the employer must submit a petition to the U.S. Citizenship and Immigration Services (USCIS). This approved petition is an essential part of the visa application process, which offers various types of visas to choose from.

• The H-1B visa is designed for highly skilled individuals with a college degree who are hired to perform specialized work. This visa allows them to legally work in the United States for a period of three years, with the option to extend it for an additional three years. The visa is tied to the employer who sponsored the petition, so if there is a change of employer, the new employer must go through the process again. Each year, there are 65,000 H-1B visas available, offering ample opportunities for qualified applicants.
• H-1B1 – for applicants with a college degree from Chile and Singapore. The US government grants up to 1,400 visas to Chilean citizens and 5,400 from Singapore each year.
• H-2A – for temporary or seasonal agriculture work. It is limited to citizens of qualified countries. Usually valid for up to 1 year and can be extended to a maximum of 3 years.
• H-2B visas are specifically designed for individuals seeking temporary non-agricultural work opportunities. These visas are available to citizens of qualified countries and typically have a validity of up to one year, with the possibility of extension for a maximum of three years.
• L – for intracompany transfers (individuals relocating from a foreign company to a US branch). The applicant must have a minimum of one year of employment with the company before the transfer and must hold a managerial position or higher with specialized knowledge.
• 0 – for individuals with exceptional talent in fields such as science, arts, education, business, or athletics, showcasing their extraordinary abilities and skills.

Typically, individuals follow a standard procedure of acquiring a temporary work visa and subsequently applying for an immigrant visa once they have commenced working in the United States.

If you are looking to obtain a visa based on employment, we have you covered. Our team is experienced in assisting individuals who are seeking employment-based immigrant visas.

• E-1 – This category is reserved for individuals who possess exceptional talents and abilities in the fields of science, arts, education, business, and athletics, and are given the highest priority for employment opportunities.
• E-2 – for those with advanced degrees or exceptional ability.
• E-3 – for skilled workers and professionals, as well as unskilled workers.
• E-4 – Members of certain immigrant groups.
• E-5 – Immigrant investors in US companies (substantial investment)

Alternatively, an employer may sponsor a potential employee’s application for permanent resident status, referred to as a “green card,” if the employee can establish that the potential employee is a multinational executive/manager transferee, has unique skills, or has been offered a job in the United States. The employer must have been unable to recruit a U.S. worker who meets the position’s minimum requirements.

All employers are obligated to verify that all individuals they employ are authorised to work in the United States.

General

New Jersey has a minimum combined Sales Tax Rate of 6.63% (State tax at 6.6% and Local tax at 0.03% USD)