Rough Month for Paid Leave Advocates

Regular blog readers all know that the business community's opposition to a paid leave mandate is multi-faceted.

First, we question the wisdom of imposing a mandate unique to New Jersey during a time that is either a recession or an economic slowdown. Remember, virtually every survey available puts New Jersey as the most, or one of the most, expensive places to do business.

Second, we have raised a host of legal questions - most dealing with potential conflicts with anti-discrimination laws. We also note the added hardship this will put on small businesses.

Remember, New Jersey is already one of only six states to offer paid maternity leave - up to six weeks, in fact. Maybe, that's all we can afford in these times.

In the interim, paid leave advocates have decided to respond by throwing around terms such as the "anti-family business lobby". We thought it would be a good time to recap what some independent analysis has determined - and this is just in the last month.

• February 27 - The Department of Labor and Workforce Development announces the state lost 9,500 jobs in January. It also revises its 2007 job increases down to just 3,700 private sector jobs created in an economy of 4.1 million workers.
• March 6 - The Attorney General notes the bill language, which had already been voted on by the Senate and by an Assembly Committee, is insufficient to protect small businesses from lawsuits under state law.
• March 12 - We learn of an Office of Legislative Services (OLS) report which finds that small businesses could be exposed to lawsuits if they do not provide job protection under paid leave. Remember, bill advocates claimed during the entire debate that small companies do not have to hold a job for an employee taking leave.
• March 14 - OLS determines that a Senate floor vote on paid leave cannot take place today, or it could be unconstitutional