New Jersey Leave of Absence (FMLA) laws & compensation compliance analysis

New Jersey Leave of Absence (FMLA): What you need to know

In addition to the federal Family and Medical Leave Act (FMLA), some states have their own comprehensive family leave laws that may also require employers to grant employees time off for the birth or adoption of a child, or to care for a family member with a serious illness.
New Jersey does have such a law.
On February 19, 2019, a bill implementing significant amendments to and expansion of the state’s existing leave programs was signed into law. These amendments expand the law’s application to include smaller employers, cover additional family members, and eliminate waiting periods and other administrative hurdles, as detailed in the sections below. Many of the changes expanding general leave rights and coverage take effect immediately or on June 30, 2019, while increases to the amount of paid leave benefits available under the state family leave insurance program apply to leaves taken after July 1, 2020.
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The New Jersey Family Leave Act (NJFLA) requires covered employers to provide eligible employees with up to 12 weeks of leave in any 24-month period:
• For the birth, adoption, or foster care placement of a child; or
• To provide care for a covered family member.
Unlike federal law, the state act does not provide leave for an employee’s own serious health condition (NJ Rev. Stat. Sec. 34-11B-1 et seq.).
Covered employers. The NJFLA covers private employers with 50 or more employees, as well as the state, any political subdivision, and all public offices, agencies, boards or bodies, regardless of size.
Effective June 30, 2019, private employers with 30 or more employees are also required to comply with the law.
When determining an employer’s obligation to provide ...

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