Family Leave
Dec. 29, 2022
The Family Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave. The FMLA applies to all 50 states, including New Jersey.
To be eligible for FMLA leave, an employee must work for a covered employer, have worked for the employer for at least 12 months, and have worked at least 1,250 hours during the 12 months prior to the start of the leave. In addition, the employee must work at a location where the employer has at least 50 employees within 75 miles.
Under the FMLA, eligible employees are entitled to take leave for the following reasons:
The birth, adoption, or foster care placement of a child.
To care for a spouse, child, or parent who has a serious health condition.
To take medical leave when the employee is unable to work because of a serious health condition.
To care for a covered service member with a serious injury or illness if the employee is the service member's spouse, child, parent, or next of kin (military caregiver leave).
The FMLA also requires that covered employers provide eligible employees with job restoration and continuation of group health insurance coverage upon return from leave.
It's important to note that the FMLA only applies to certain employers and provides unpaid leave. Some states, including New Jersey, have their own family and medical leave laws that may provide additional protections and benefits.
The New Jersey Family Leave Act (NJFLA) is a state law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. It applies to employers with 30 or more employees, and employees who have worked for their employer for at least 12 months and have worked at least 1,000 base hours in the 12 months prior to the start of the leave.
Under the NJFLA, eligible employees are entitled to take leave for the following reasons:
The birth, adoption, or foster care placement of a child.
To care for a spouse, child, or parent with a serious health condition.
To take medical leave when the employee is unable to work because of a serious health condition.
The NJFLA also requires that covered employers provide eligible employees with job restoration and continuation of group health insurance coverage upon return from leave.
It's important to note that the NJFLA only applies to certain employers and provides unpaid leave. The FMLA applies to all 50 states, including New Jersey, and may provide additional protections and benefits for employees who are not covered by the NJFLA or who need more than 12 weeks of leave. You may want to check with your employer or the New Jersey Department of Labor and Workforce Development for more information on your rights and protections under state and federal family and medical leave laws.