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New Jersey Maternity and Pregnancy: What you need to know

The New Jersey Law Against Discrimination (LAD) prohibits employment practices that discriminate on the basis of domestic partnership and sex, which includes on the basis of maternity and pregnancy. The law covers all private and public employers, regardless of size (NJ Rev. Stat. Sec. 10:5-1et seq.).
In Gerety v. Atlantic City Hilton Casino Resort, 877 A.2d 1233 (N.J. 2005), the state supreme court held that pregnant employees are not entitled to preferential leave treatment under the state LAD. The court determined that an employer does not violate the LAD as long as it treats pregnant employees no differently than nonpregnant employees who require medical leave.
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The state's Temporary Disability Benefits Law (TDB) requires employers to carry disability insurance for employees who become unable to work because of a nonoccupational injury or illness, including pregnancy. The law covers employers that are subject to the state unemployment law.
As of July 1, 2009, New Jersey’s existing TDB law provides eligible employees with up to 6 weeks of temporary disability benefits while taking leave under the New Jersey Family Leave Act (NJFLA) or the federal Family and Medical Leave Act (FMLA) to care for a family member with a serious health condition or to care for a newborn or newly adopted child within the first 12 months following birth or placement for adoption. The law does not entitle an employee to leave time, but it does entitle a covered employee to receive temporary disability benefits while taking leave under the NJFLA or the federal FMLA. The law applies to all private employers (and state government employers) covered under the TDB law (NJ Rev Stat. Sec. 3:21-25

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