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, (more…)

The U.S. Department of Labor issued new regulations for all employers this week regarding military family leave. The updated regulations go into effect on January 17, 2009 although employers would be wise to implement them sooner. This is the most significant expansion of the federal Family and Medical Leave Act, or FMLA, in 15 years.

Under the new regulations, every employer must display a Military Leave Poster prominently in the workplace. This is just the first step that employers must take to inform workers of their rights under this new law.

Under the new federal regulations, employers must provide up to 26 weeks of unpaid, job-protected Military Caregiver Leave in a 12-month period to family members who are caring for a covered service member injured on active duty. The law also applies to family members who are caring for a soldier who has an illness incurred in the line of duty, on active duty.

The new guidelines permit the soldier’s (more…)

According to the EEOC, Pregnancy discrimination complaints are on the rise. Between 1992 and this year, complaints increased by 65%. Part of that increase is due to the increase in the number of women with infants who work…but not all of it.

Employers can ensure that their companies don’t become the target of pregnancy discrimination claims by properly training supervisors, having strong HR policies, and using an FMLA Administrator Kit.

Many issues regarding pregnancy discrimination can be addressed by properly administering FMLA. Under the federal Family and Medical Leave Act or FMLA, employees are entitled to up to 12 weeks of unpaid leave for a variety of serious health conditions, including pregnancy.

In addition, the Pregnancy Discrimination Act requires that employers not discriminate against pregnant employees. The employer cannot (more…)