labor lawAdivision of labor law center

On January 1, 2009, New Jersey becomes the third state in the nation to implement a family leave insurance program. The New Jersey Paid Family Leave Act will permit employees to take paid time off to care for a sick family member. The act also provides benefits to workers who take time off to bond with newborn or newly-adopted children.

 

The New Jersey Family Leave Insurance program is funded by employee tax deductions. The program provides benefits to employees to partially replace income lost when they must take time from work. The law does not entitle employees to additional leave, over and above existing family leave laws such as FMLA, the federal Family and Medical Leave Act and the New Jersey Family Leave Act or NJFLA.

 

The New Jersey Paid Family Leave program does not guarantee that an employee will be returned to his or her job after leave; it simply provides cash benefits during the leave.

 

Under the new law, a New Jersey employer can require any employee to use up to two weeks of paid vacation or sick leave, or other paid leave, before going on leave. During these two weeks, the employee will not be entitled to family leave benefit payments. In other words, employees cannot “double dip” and earn more on leave than if they were employed.

 

Employees must give the employer reasonable notice of their intention to take leave to care for a family member, whenever possible. An employee who intends to take the leave on an intermittent basis must provide the employer with a minimum of 15 days notice. An employee who intends to use the leave to bond with a newborn or newly adopted child must give the employer 30 days notice prior to the beginning of leave. Intermittent leave for baby bonding must be taken in periods of 7 days or more and the schedule must be approved by both the employer and employee.

 

 

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