New Jersey's Family Leave Act (FLA) is similar to the Federal Family Medical Leave Act (FMLA), with some important differences. If you work in New Jersey, you need to know whether you might be eligible for FLA leave. You should know what to do under the FLA and what to watch out for.
1
Decide whether the FLA applies
The NJ Family Leave Act applies to employers who employ 50 or more employees for 20 or more weeks in the current or preceding year. The Act also applies to the State of New Jersey as an employer. Affected employers must post “conspicuous notice” of employees’ rights and obligations under the FLA.
2
Decide whether you have a proper reason for taking FLA leave
Employees can only take the leave for the birth or adoption of a child or to care for a family member, spouse, or civil union partner with a serious health condition - not for the employee’s own health condition. Leave for an employee’s own serious health condition would be covered under the separate and distinct rules of the Federal Family and Medical Leave Act (FMLA).
3
Determine how much FLA leave you may take
Eligible employees may take 12 weeks of paid or unpaid FLA leave within any 24-month period. It is up to the employer to choose exactly how to count the 24-month period.
4
Notify your employer
Under the FLA, the employee must provide the employer with reasonable advance notice of the intention to take FLA leave.
5
If requested, provide certification to your employer
An employer can require “certification” of the health condition or of the birth or adoption of a child. The certification must come from a health care provider.
Health insurance that the employee had before the FLA leave is to remain in effect during the leave.
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