Lindabury, McCormick, Estabrook & Cooper, P.C. Firm News & Events
Employees are eligible for 12 weeks of unpaid leave under both State and Federal Law. Under Federal law, the Family and Medical Leave Act (“FMLA”) governs employee leaves of absences whereas the New Jersey Family Leave Act (“NJFLA”) governs State leave. While there are some similarities between the two Acts, it is crucial that employers understand the critical differences as well.
Understand the Overlap and Distinctions Between the Two Acts.
FMLA Basics
Employers covered under the FMLA include 1) private employers with 50 or more employees working 20 or more workweeks in the current or preceding calendar year and 2) all public sector employers. To be eligible as an employee, the employee must have been 1) employed for 12 months; and 2) worked 150 hours in the preceding 12 months; and 3) worked at a worksite where 50 or more employees are working within a 75 mile radius. The circumstances warranting leave are as follows:
- Birth/adoption/foster care placement of child
- Care for spouse/child/parent with “serious health condition”
- Care for oneself in the event of a “serious health condition”
If an employee qualifies, he or she may be eligible for up to 12 weeks of unpaid leave within 12 months. This leave may be taken consecutively, intermittently, or as reduced leave. Group health insurance benefits must be maintained during leave and reinstatement to the same/comparable position at the conclusion of leave is mandated by the Act.
The FMLA offers an expansion of 26 weeks of unpaid leave within a 12-month period to care for a service member with a serious injury or illness. This definition includes spouse, parent, child, and “next of kin.” Military exigency leave under the FMLA also provides for 12 weeks of unpaid leave during a 12 month period for short-notice deployments and other exigencies, but unlike the military caregiver expansion, “next of kin” is not included within this definition.
NJFLA Basics
Employers covered under the NJFLA include all employers with 50 or more employees (out of state employees are counted) working 20 or more calendar workweeks in the current or preceding calendar year. To be considered eligible under the Act, the employee must have been 1) employed for 12 months; and 2) worked 1000 hours in the preceding 12 months. The circumstances warranting leave are as follows:
- Birth/adoption/foster care placement of child
- Care for spouse/child/parent with “serious health condition”
- Care for parent-in-law with “serious health condition”
It is important to note that the NJFLA does not offer leave to care for oneself or military leave. If an employee qualifies, he or she may be eligible for 12 weeks of unpaid leave within 24 months.
Like the FMLA, consecutive, intermittent and reduce leave is available under the NJFLA. Group health insurance benefits must be maintained during leave and reinstatement to the same/comparable position at the conclusion of leave is mandated by the Act.
The FMLA/NJLFA may be counted concurrently only if the leave is covered by both laws.
Should you have any questions regarding the FMLA and/or NJFLA in general or as it specifically applies to your employees, please contact our office directly.