New Jersey Family Leave Act vs. FMLA

If you own a business or work in the HR department in New Jersey, it is crucial to know the difference between the New Jersey Family Leave Act (NJFLA) and the Family Medical Leave Act (FMLA). Being informed about the two allows you to be compliant and avoid getting in trouble. In the article below, Daniel Poussart, an HR professional, educates you about these two laws.

New Jersey Family Leave Act and FMLA

In some ways, the NJFLA and FMLA have some similarities. In fact, both these leaves can be used at the same time if the circumstances permit. But there are also instances where both leaves will not run simultaneously, meaning an employee should be given two separate leaves.

The New Jersey Family Leave Act

This law applies to any business owner that has hired more than 50 employees. These employees ought to have worked for 20 weeks or more during the current or prior year. An eligible employee should work for that employer for 12 months or more and cover a minimum of 1000 hours. As Daniel Poussart shares, leave can be granted in the following events:

• Leave due to the birth, adoption, or foster care placement or a child
• To take care of an immediate family member with a serious health condition
• To take care of a parent-in-law with a serious health condition

The NJFLA does not offer leave for one to care for their own health condition or military leave. Whoever qualifies for NJFLA is entitled to up to 12 weeks of leave every 24-month period. This leave is often unpaid. During this leave, as an employer, you still need to provide your employees with health coverage. And once the leave is over, the employee has to be reinstated to their initial position or a comparable position.

The Family Medical Leave Act

This act also applies to business owners that have hired more than 50 employees who have worked 20 weeks or more during the current and prior calendar year. To be eligible, an employee needs to have worked for their employers for about 12 months and cover at least 1250 hours in the last 12 months. Leave can be granted in the following events:

• To take care of one’s serious health condition
• To take care of an immediate family member with a serious health condition
• Leave due to the birth, adoption, or foster care placement or a child
• To take care of a service member that has suffered a serious injury

Daniel Poussart says eligible employees can take up to 12 weeks’ leave in one calendar year. The leave is unpaid. However, an employer still needs to provide health insurance coverage to the employees and reinstate them to their initial or comparable position after the leave.

If an employee needs the leave to take care of a military service member due to a serious injury or illness, they can get up to 26 weeks’ leave.

If you are an employer, consulting a human resource expert like Daniel Poussart can ensure you are not breaking any rules when it comes to the NJFLA and FMLA. Stay informed to be on the safe side.