labor lawAdivision of labor law center

Employers with 50 or more employees are required to comply with the New Jersey Family Medical Leave Act. This act guarantees up to twelve weeks of leave in a 24-month period for workers that have been employed at their company for at least 12 months. The employee must have worked at least 1,250 hours in that 12-month period.

I learned that employees can take time off for the birth or adoption of a child, within one year of the birth or placement. The employee may also take time off for the serious illness of a parent, child or spouse which requires in-patient care, continuing medical treatment or medical supervision. Provisions for reduced work schedules can also be arranged and covered under this act if necessary.

Employees are guaranteed their same position when they return to work. In some cases, as in layoffs or department closings, the original position is no longer available. The employer must then offer a position with equivalent pay, benefits and status.

What are the downsides of taking Family Medical Leave in New Jersey? First of all, the leave is unpaid, and an employee may be asked to use sick time to cover some of the benefit. Secondly, the leave doesn’t cover an employee’s own disabilities. The employee needs to apply for separate disability coverage. And the New Jersey law also limits the time taken to 12 weeks in 24 months, half that of the federal law, which gives 12 weeks in 12 months.

If an employee feels that they have been discriminated against, by being denied their leave or being penalized for taking leave, they may petition the NJ Division on Civil Rights for an investigation. However, the complaint must be made within 180 days of the infraction. A civil law suit can also be filed against the employer, but papers must be submitted to the New Jersey courts within two years of the infraction.

In my opinion posting the New Jersey Compete Labor Law poster is not only mandatory but is also a convenient way of informing employees of their rights under the state and federal laws.

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