New Jersey Leave of Absence (FMLA) laws & HR 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.
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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 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 also covered by the law.
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, and the state, any political subdivision, and all public offices, agencies, boards or bodies, regardless of size.
Employee eligibility. The federal FMLA requires an employee to work at a worksite in which 50 or more employees work within 75 miles of the worksite.
However, the New Jersey family leave law does not contain such a geographic requirement when determining whether the 50-employee requirement is met.
To be eligible, an employee must be employed by the same employer for 12 months or more and have worked 1,000 or more hours (excluding overtime) during the preceding 12 months.
Intermittent leave. In the case of a family member who has a serious ...

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