Five years ago, New Jersey's legislature amended the law covering family leave insurance to expand its benefits and provide a private cause of action for retaliation for using those benefits. This amendment was significant because it arguably established a claim for failure to reinstate an employee under a statute that does not provide any protected leave. This created an issue because not all employees covered by this law are entitled to protected leave. New Jersey Courts have not yet grappled with how this statute would interact with the New Jersey Family Leave Act's inapplicability to small employers. This article explores the differences between the parameters of these leave and benefits laws, explores a case that addressed this issue, and discusses how small employers and their lawyers can prepare to defend against a new and possibly unintended retaliation claim.