Let’s analyse the Family and Medical Leave Act (FMLA) and its specific application in New Jersey. FMLA, a federal law enacted in 1993, allows eligible employees to take unpaid, job-protected leave for family and medical reasons while maintaining their health insurance coverage.
This article includes eligibility criteria, qualifying reasons for leave, and employee rights under the FMLA.
TABLE OF CONTENTS
- What is Family and Medical Leave Act (FMLA) New Jersey?
- FMLA: Eligibility Criteria in New Jersey
- Qualifying Reasons under the FMLA in New Jersey
- Duration and Types of Family and Medical Leaves in New Jersey
- Employee Rights and Employer Obligations Under the FMLA Leave
- How To Request FMLA Leave in New Jersey
- Federal vs. State Specifics in New Jersey: Comparison of FMLA and New Jersey state laws
- Resources about FMLA in New Jersey
- FAQ About Family And Medical Leave in New Jersey
- Effortlessly Track Employee Time Off With This HR Software ✅
What is Family and Medical Leave Act (FMLA)?
As a landmark piece of legislation in the United States, the Family and Medical Leave Act (FMLA) was enacted in 1993. In the beginning, it was recognized that workers facing health crises, without losing their jobs, needed help.
In essence, FMLA allows employees 12 weeks of unpaid, job-protected leave per year while maintaining their health insurance coverage. All government agencies, elementary and secondary schools, and companies with 50 or more employees are covered by this law. FMLA covers a wide range of situations, including illness, childbirth, adoption, and military family circumstances.
FMLA: Eligibility Criteria in New Jersey
In New Jersey, the Family and Medical Leave Act (FMLA) sets specific criteria to determine who is covered under its provisions.
- Employer Eligibility: FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius, for at least 20 workweeks in the current or preceding calendar year. It also encompasses all public agencies, including local, state, and federal employers, and public and private elementary and secondary schools, regardless of the number of employees.
- Employee Eligibility: To be eligible for FMLA leave, an employee must have worked for a covered employer for at least 12 months (not necessarily consecutive). They must have worked a minimum of 1,250 hours during the 12 months prior to the start of the FMLA leave. The employee should be working at a location where the employer has at least 50 employees within a 75-mile radius.
Qualifying Reasons under the FMLA in New Jersey
Under the Family and Medical Leave Act (FMLA) in New Jersey, employees are entitled to take leave for several significant reasons:
- Personal: Leave for an employee’s own serious health issue
- Family Member’s Serious Health Conditions: This includes to care for a spouse, child, or parent suffering from a serious health condition.
- Birth, Adoption, or Foster Care Placement of a Child: FMLA allows parents to take leave for the birth of a child, as well as for the adoption or foster care placement of a child, providing time for bonding and care.
- Military-Related Exigencies and Caregiver Leave: Employees may take leave for reasons related to a family member’s military service, including exigencies arising from a family member’s deployment. FMLA also provides for a longer leave (up to 26 weeks) to care for a family member who is a service member with a serious injury or illness.
Duration and Types of Family and Medical Leaves in New Jersey
Duration of leaves under the Family and Medical Leave Act (FMLA)
- Maximum Duration of FMLA Leave: Employees are entitled to a maximum of 12 weeks of unpaid leave within a 12-month period. In the case of military caregiver leave, this duration extends to 26 weeks.
Types of Family and Medical Leaves in New Jersey
- Continuous Leave: This involves taking a continuous, uninterrupted leave period.
- Intermittent Leave: This type of leave allows employees to take FMLA leave in separate blocks of time due to a single qualifying reason.
- Reduced Schedule Leave: This allows an employee to reduce their working hours, either daily or weekly, for a period of time due to a qualifying reason.
Employee Rights and Employer Obligations Under the FMLA Leave
Job Security
Employees are guaranteed the right to return to the same or an equivalent position.
This protection ensures job security, even after an extended period away for qualifying reasons.
Health Insurance Maintenance
Employers must maintain the employee’s health insurance under the same terms and conditions as if they had not taken leave.
Employees continue to be responsible for their portion of health insurance premiums.
Protection of Employee Benefits
Employee’s benefits are maintained as if the worker is actively working.
Employer’s Role in Granting Leave and Maintaining Compliance
Employers are required to grant leave to eligible employees for qualifying reasons under the FMLA.
They must also keep accurate records and comply with all aspects of the FMLA, including not interfering with, restraining, or denying the exercise of FMLA rights.
Employers are prohibited from retaliating against employees for taking FMLA leave.
How To Request FMLA Leave in New Jersey
Step-by-Step Guide on How Employees Can Request FMLA Leave
- Determine Eligibility: You must work at a location with 50 or more employees within a 75-mile radius and be employed for at least 12 months by a covered employer.
- Understand the Reason for Leave: Determine your FMLA qualifying reason, such as personal health issues, family member care, birth or adoption of a child, or military exigencies.
- Notify Your Employer: Notify your employer in writing or verbally of your need for FMLA leave. While immediate notice is not always possible, FMLA generally requires 30 days’ advance notice.
- Submit Required Forms and Documentation: Complete any FMLA leave request forms provided by your employer. Provide medical certification or other required documentation to support your leave request, such as a doctor’s note or military orders, if applicable.
- Await Employer Response: After submitting your request, your employer must respond within five business days, notifying you of your eligibility and detailing any additional information required.
- Coordinate Leave Details: Discuss with your employer the specifics of your leave, such as the start date, duration, and any potential need for intermittent leave or a reduced schedule.
- Understand Your Rights and Responsibilities: Review the rights and responsibilities under FMLA, including job protection, health insurance continuation, and any obligations you have during your leave.
Documentation and Notice Requirements
- Medical Certification: If you need leave due to serious medical conditions (personal or family), provide a medical certificate. The certification should include the date the condition began, its expected duration, and relevant medical facts.
- Advance Notice: In case of foreseeable leave, such as childbirth or planned medical treatment, provide at least 30 days’ notice.
- Periodic Updates: Keep your employer informed about your status and intent to return to work, especially if the leave duration changes.
- Fitness-for-Duty Certification: Provide your employer with a fitness-for-duty certification before returning to work from serious health leave.
Federal vs State Specifics: Comparison of FMLA and New Jersey State Law
Based on the information from the New Jersey Family Leave Act webpage, the key points to consider in a comparison of the Federal Family and Medical Leave Act (FMLA) and New Jersey State Law are as follows:
Nature of Leave
- FMLA: Provides up to 12 weeks of unpaid, job-protected leave for various reasons including personal or family health conditions, new child care, or military family needs. An extension to 26 weeks is available for care of a military member with a serious injury or illness.
- New Jersey Law: Aligns closely with FMLA, offering 12 workweeks of unpaid leave in a 12-month period for similar reasons. New Jersey law also includes leave for new parents, including for pregnancy.
Eligibility and Coverage
- FMLA: Requires 12 months of employment and at least 1,250 hours of work in the previous 12 months. Applies to public agencies, schools, and private-sector employers with 50 or more employees.
- New Jersey Law: Similar eligibility criteria to FMLA. Applies to public employers or private employers with 30 or more employees, with a 1,000-hour work requirement in the preceding year.
Job Protection and Health Insurance
- Both: Offer job protection during leave. FMLA requires health insurance maintenance, while New Jersey law mandates continuation of employment benefits like health insurance, sick leave, and pensions during leave.
Discrimination and Retaliation Protections
- Both: Protect against discrimination or retaliation for taking leave.
Interaction Between Federal and State Laws
- New Jersey Law and FMLA: There is significant overlap, but New Jersey law includes specific provisions for public-sector employees and the substitution of paid leave.
Resources about New Jersey
Here are other important New Jersey related articles
- New Jersey Minimum Wage Guide
- New Jersey WARN Act: HR Guide for Employers
- 2024 Holidays New Jersey: Guide for Employers
- At Will Employment By State: HR Guide By Factorial
- Paid Sick Leave Laws By State 2023 (New York, Texas, etc)
- PTO carry over: A state-by-state guide for employers
FMLA per State
- Family and Medical Leave Act California: How Does It Really Work?
- Family and Medical Leave Act Florida: How Does It Work?
- Family and Medical Leave Act Texas: How Does It Work?
- Family and Medical Leave Act Illinois: How Does It Work?
- Family and Medical Leave Act Colorado: How Does It Work?
- Family and Medical Leave Act Ohio: How Does It Work?
- Family and Medical Leave Act Massachusetts: How Does It Work?
- Family and Medical Leave Act NY: How Does It Work?
- Family and Medical Leave Act Oregon: How Does It Work?
- Family and Medical Leave Act Michigan: How Does It Work?
- Family and Medical Leave Act Georgia: How Does It Work?
- Family and Medical Leave Act Indiana: How Does It Work?
- Family and Medical Leave Act Maryland: How Does It Work?
- Family and Medical Leave Act Missouri: How Does It Work?
- Family and Medical Leave Act Nevada: How Does It Work?
- Family and Medical Leave Act New Jersey: How Does It Work?
FAQ about Family and Medical Leave in New Jersey
1. What is the FMLA?
The Family and Medical Leave Act (FMLA) is a federal law providing up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
2. Who is eligible for FMLA leave?
Employees are eligible if they have worked for a covered employer for at least 12 months and 1,250 hours over the past 12 months, and work at a location where the employer has 50 or more employees within a 75-mile radius.
3. What reasons qualify for FMLA leave?
Qualifying reasons include personal or family health issues, birth, adoption or foster care placement of a child, and certain military family needs.
4. How does New Jersey law differ from the FMLA?
New Jersey law aligns closely with FMLA but includes specific provisions for public-sector employees and the substitution of paid leave.
5. Are employers required to maintain health insurance during FMLA leave?
Yes, employers must maintain the employee’s health insurance under the same terms as if they had not taken leave.
6. What protections does FMLA provide against job loss?
FMLA ensures the right to return to the same or an equivalent job after leave, protecting employees from being demoted or replaced.
7. How do I request FMLA leave?
Notify your employer about your need for FMLA leave, provide necessary documentation (like medical certificates), and await employer response for eligibility confirmation.
