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

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

The New Jersey Family Leave Act (NJFLA) (NJ Rev. Stat. Sec. 34-11B-1 et seq.) requires employers to provide employees with up to 12 weeks of leave in any 24-month period:
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• For the birth or adoption of a child (must begin leave within 1 year after date of birth or placement); or
• To care for, or to arrange for a change in care for, a child, parent (including step-parents and parents-in-law), or spouse with a serious health condition. An employee's partner in a same sex civil union is covered by the law.
An employee may not take state family leave for his or her own serious health condition. Leave to care for and bond with a child does not cover children placed in foster care arrangements.
Same-sex marriage. In 2015, the U.S. Supreme Court held that the 14th Amendment of the U.S. Constitution requires states to license a marriage between two people of the same sex and to recognize a marriage between two people of the same sex when their marriage was lawfully licensed and performed out of state (Obergefell v. Hodges, No. 14-556 (June 2015)). As a result of the Court’s decision in the Obergefell case, federal Family and Medical Leave Act (FMLA) leave to care for a spouse is available to an employee in a same-sex marriage in every state.
The Act covers private employers with 50 or more employees, and the state, any political subdivision, and all public offices, agencies, boards or bodies, regardless of size. The federal FMLA requires an employee to work at a worksite in which 50 or more employees work within 75 miles of the worksite. The New Jersey family leave law does not contain such a geographic requirement when determining whether the 50-employee requirement is ...

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