Does It Matter That New Jersey Has Family And Medical Leave Laws? A number of states, including New Jersey, give their residents coverage which supplements the benefits provided in the federal Family and Medical Leave Act of 1993 (FMLA). Although the federal and state laws generally focus on the same issues, they do not necessarily function as a unit. For example, a term (such as ¿serious health condition¿) used in both the FMLA and a state rule may have different meanings. If you have any questions regarding terminology, an employment lawyer should be able to clarify your concerns.
Is My Employer Covered By These Laws? New Jersey has broadened the scope of employers covered by family and medical leave laws. Your employer is covered if it falls within the FMLA¿s employer guidelines or if it either: - Employs 50 or more employees on every working day of 20 or more calendar workweeks during the current or immediately preceding calendar year; or
- Functions as a political or civil subdivision of the state and cities, or is another state agency.
What Type of Leave Am I Allowed Under New Jersey¿s Laws? As an employee in New Jersey, you are not allowed to take leave based upon your own medical condition. However, you may receive unpaid leave to take care of matters related to a: - Birth;
- Adoption placement; or
- Serious health condition of your child, parent, parent-in-law, or spouse.
For How Long Can I Leave My Job? New Jersey¿s provision regarding employees¿ amount of leave time is similar to the federal law. New Jersey laws regulating leave time include the following information: - There is no requirement that spouses share leave; and
- An employee also is entitled to take leave for 12 weeks during any 24-month period.
Will My Employer Require Medical Certification? New Jersey laws do not require you to provide your employer any certification regarding your fitness to return to work. However, you may be required by your employer to show medical certification if you have taken leave for a: - Birth;
- Adoption placement; or
- Serious health condition of a family member.
How Should I Request My Leave?Under New Jersey's laws, you must give your employer notice of your expected leave in a reasonable and practicable manner. Other state rules relating to leave requests are comparable to the standards set in the FMLA.
Do I Need An Employment Lawyer?A labor and employment lawyer can discuss with you the differences between federal and New Jersey laws pertaining to family and medical leave. If you feel that you have been mistreated by your employer, an attorney can also help you determine possible courses of action. |
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