New Jersey FMLA And Leave Law Guidelines And Requirements

The Family & Medical Leave Act (FMLA) is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year.

The Family & Medical Leave Act does not take the place of other sources of leave, including New Jersey's FMLA and other state leave laws. To the extent an organization subject to the FMLA is also subject to a state leave law, it must comply with both the FMLA and the state leave law.

The challenge in coordinating compliance with federal and state law is that the state leave laws may differ from FMLA law in employee eligibility criteria, as well as the length and type of protection.

New Jersey's FMLA And Other Leave Laws

Though employees may be eligible for additional leave under the federal Family and Medical Leave Act, the New Jersey Family Leave Act entitles certain employees to take up to 12 weeks of family leave in a 24-month period without losing their jobs. With some exceptions, employers must provide this type of leave if:

• The EMPLOYER has at least 50 employees (or at least 30 employees as of June 30, 2019), or is a government entity, regardless of size
• The EMPLOYEE has worked for that employer for at least one year, and has worked at least 1,000 hours during the last 12 months
• The LEAVE OF ABSENCE is being taken to care for or bond with a child within 1 year of the child’s birth or placement for adoption or foster care, OR to care for a family member, or someone who is the “equivalent” of family, who has a serious health condition

Go to https://www.nj.gov/oag/dcr/downloads/posters/8x11_flaposter.pdf for more information.

How To Determine Whether FMLA Guidelines Or State Guidelines Apply In New Jersey

Here are some guidelines if your organization is subject to both FMLA and New Jersey leave law:

• If an eligible employee wishes to take a leave that is covered under both the state leave law and the FMLA, then generally the leave can be run concurrently. In other words, it can be counted towards satisfying the requirements under both state and federal law simultaneously
• If an eligible employee wishes to take a leave covered under the FMLA, but not also covered under the state leave law, that leave can only count towards satisfaction of the FMLA requirements. The total amount of leave available under the state law would still be available to that employee
• If an eligible employee wishes to take a leave covered under the state leave law, but not also covered under the FMLA, that leave can only count towards satisfaction of the state leave law. The total amount of leave available under the FMLA (e.g., 12 weeks or 26 weeks) would still be available to the employee

Note: The above is excerpted from our FMLA Training & Certification Program.

Recommended Training For New Jersey's FMLA Requirements

From seminars to webinars to online courses, HRTrainingCenter offers a variety of FMLA compliance training courses. Here is just some of what you will learn from our FMLA training classes:

• FMLA rules on who is covered - and why
• Employer posting requirements
• Intermittent FMLA leave guidelines
• Notification rules and requirements
• Tracking leave, including tips for FMLA intermittent leave
• How to identify patterns, trends, and leave abuse history
• The most common abuses of FMLA
• What needs to be included in your FMLA and ADA policies

Simply select one of our 'Recommended Courses' or use the search box to find your desired FMLA training course.

• Certificate Program In FMLA, ADA, Compliance
• FMLA Training & Certification Program
• How To Identify And Investigate FMLA Abuse
• Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program

To find other FMLA training courses, use the search box below.