Protecting the Rights
of Employees
of Employees
Family Leaves
Knowledgeable Bergen County Employment Lawyers Enforcing Workers’ Rights Under the FMLA
Balancing work and family responsibilities can be challenging, especially when a loved one needs care or when you are welcoming a new child into your family. Fortunately, both New Jersey and federal law provide protections that allow eligible employees to take family leave without fear of losing their jobs. The New Jersey Family Leave Act (“NJFLA”) and the Family & Medical Leave Act (“FMLA”) guarantee job-protected time off for qualifying family and medical needs.
At Rabner Baumgart Ben-Asher & Nirenberg, P.C., our experienced Bergen County family leave attorneys have a long history of advocating for employees who need assistance requesting leave, have been denied leave, or have faced retaliation for exercising their rights under both state and federal law.
The Family & Medical Leave Act (FMLA)
The FMLA is a federal law that guarantees up to 12 weeks of unpaid leave per year for eligible employees to:
- Care for an immediate family member (spouse, child, or parent) with a serious health condition;
- Bond with a new child after birth, adoption, or foster placement; or
- Recover from the employee’s own serious health condition (Unlike the NJFLA, which only covers leave for family-related reasons).
The FMLA applies to private employers with 50 or more employees, as well as government agencies and schools, regardless of size.
Who Is Covered Under the FMLA?
To qualify for FMLA leave, an employee must:
- Have worked at least 12 months for their employer;
- Have worked at least 1,250 hours in the past 12 months.
While the FMLA provides strong protections, it has limitations. For example, it only applies to immediate family members, meaning siblings, in-laws, and grandparents are not covered. Additionally, FMLA leave is unpaid, though employees may use accrued paid time off during their leave.
The New Jersey Family Leave Act
New Jersey law also provides mandatory family leave in certain situations under the New Jersey Family Leave Act (“NJFLA”). Like the FMLA, the NJFLA allows covered employees to take up to 12 weeks of leave. However, qualifying employees can use NJFLA leave every 24 months rather than annually. But the NJFLA also provides broader protections than the FMLA in some key areas.
NJFLA leave may be used to:
- Care for a family member with a serious health condition
- Bond with a new child after birth, adoption, or foster placement
Additionally, the NJFLA defines the term “family member” much more broadly than the FMLA. In New Jersey, covered family members include:
- Immediate family: Children, parents, spouses, civil union partners;
- Extended family: Siblings, grandparents, in-laws, foster children, and foster parents; and
- Others with a close relationship: Any blood relative, as well as any person with a “close association” equivalent to family.
Notably, unlike the FMLA, the NJFLA does not cover medical leaves for an employee’s own health condition. That type of leave falls under the FMLA or disability-related laws.
Who Is Covered Under the NJFLA?
The NJFLA applies to more employees than the FMLA because it covers employers with 30 or more employees nationwide (compared to the FMLA’s 50-employee threshold). To be eligible, an employee must:
- Work in New Jersey;
- Have worked for their employer for at least 12 months; and
- Have worked at least 1,000 hours in the past 12 months
Under some circumstances, employees who qualify under both the NJFLA and the FMLA may be able to stack their leave, meaning they could take FMLA leave for their own serious health condition and then take NJFLA leave to care for a family member. One example of this is that a pregnant woman takes up to 12 weeks of FMLA leave prior to giving birth and to recover from childbirth would be eligible to take up to an additional 12 weeks of NJFLA leave to care for her newborn baby.
Is Leave Under FMLA or NJFLA Paid?
Neither the FMLA nor the NJFLA requires employers to provide paid leave. However, employees in New Jersey may be eligible for benefits under the New Jersey Paid Family Leave Act, which provides partial wage replacement during family leave. Employees also may choose to use their accrued paid time off while on leave. Further, some employers provide paid or family leaves.
Related Protections: Medical Leave & Pregnancy Accommodations
- Medical Leave: While the NJFLA does not cover an employee’s own medical condition, the FMLA does. Employees facing medical issues also may entitled to reasonable accommodations under the Americans with Disabilities Act (“ADA”) or the New Jersey Law Against Discrimination (“NJLAD”).
- Pregnancy Accommodations: Employees who are pregnant or have recently given birth may be entitled to reasonable accommodations, including modified job duties or additional leave, under the NJLAD.
Contact a New Jersey Family Leave Lawyer
If you have been denied a family leave, need help requesting a leave, or have faced retaliation for taking leave, Rabner Baumgart Ben-Asher & Nirenberg, P.C. can help. Our Bergen County family leave attorneys have extensive experience representing employees in family leave disputes, ensuring they receive the protections they are entitled to under the law. To learn more about our services or schedule a consultation please give us a call at (201) 777-2250 or fill out our online contact form.