New Jersey Family Medical Leave Act (NJFMLA)

The New Jersey Family Medical Leave Act allows for 12 weeks of unpaid leave during any 24 month period.  The law when combined with the Federal act may provide up to 24 weeks of unpaid job-protected leave. The two laws works differently in terms of who is covered, and how the laws work.

Family Medical Leave is one of three components to maternity leave laws in NJ.  This law becomes important when mom experiences complications of pregnancy, and misses work prior to delivery for her own disability.  

Not every NJ resident is covered, there are key variations with federal FMLA, affording the time away from work can be painful, and you may not have a job when you are ready to return.  Read further for answers.

The NJ Family Medical Leave Act states that the employee must have worked for the employer for at least 12 consecutive months immediately preceding the leave, and must have worked 1,000 base hours in the preceding 12 months.

The New Jersey Family Leave applies to employers with 50 or more employees worldwide. The act applies to NJ workers only.

Your employer must continue any employer-provided health benefits, including dental, vision, and other benefits. You may be required to pay your portion of the premiums. These contributions will now be AFTER TAX, costing you more out of pocket that while you are working.

You have a right to re-instatement to previous position or one that is equivalent in terms of benefits, pay, and other conditions of employment.

The Family Medical Leave Act (FMLA) is a federal law, whereas the New Jersey Act applies to NJ workers only.  For New Jersey families with pregnancy and maternity concerns your key question is:

What happens if I experience pregnancy complications and miss work before my delivery?

Your own incapacity due to pregnancy is not covered under NJFMLA.  The NJ Family Medical Leave Act does not provide covered employees with leave for their own disabilities.  

This is different than federal law. Under federal law, any leave taken for a pregnancy related disability is part of FMLA. This means that you can only take 12 weeks of combined leave: whether for medical complications during pregnancy or to bond with your newborn baby.

However if you are covered by both laws you get additional leave: the time for your disability under the federal law, plus up to 12 weeks under the NJ law to care for your child. 

New Jersey provides for paid leave for all workers, and has mandated short term disability coverage which provides up to 2/3 income replacement with a cap of $572 per week in 2012.