New Jersey Family Leave Act/Leave of Absence Law

April 20th, 2002 Posted by Lindsay

Most states now have some sort of Family Leave law in place that accommodates employees who must deal with family issues. The New Jersey Family Leave Act applies to all employers who have at least 50 employees in the state, regardless of where their office is based. The Act states that employers must grant eligible employees time off from work when they have a new child, adopt a child, or when they must care for a seriously ill parent, child or spouse. A “parent” might also be a parent-in-law or a stepparent. The NJFLA provides for up to twelve weeks of leave over a 24-month period of time. 

In order to be eligible for family leave, I noticed that an individual must have worked for the covered employer for a period of at least twelve months, and must have worked at least 1,000 hours during that 12 month period. 

There is a federal Family and Medical Leave Act in place that is very similar to the New Jersey law. If you’re an employee and you take leave that is covered under both acts, your leave is counted under both acts at the same time. The Family and Medical Leave Act allows for up to 12 weeks of leave in a 12-month period, whereas the New Jersey Family Leave Act allows the 12 weeks over a 24 month period. 

If you believe your rights have been violated under this act, you’ll want to visit the New Jersey Division on Civil Rights. The statute of limitations for filing a complaint with them is 180 days from the date of the violation. They handle and investigate claims, and try to bring the parties together to work out a settlement or an agreement. Remedies may involve rehiring, monetary settlement, or penalty charges. 

 

Last 10 posts by Lindsay

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Posted in Employee Benefits, Family, New Jersey, Paid Leave

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