FMLA in New Jersey involves federal FMLA, as well as New Jersey’s own supplemental version. The federal FMLA and the State NJFLA, New Jersey Family Leave Act, offer covered employees up to 12 weeks of unpaid, job-protected leave for certain family and medical related reasons. Although both laws provide substantially equivalent coverage, there are some differences with the New Jersey version, such as: employees only need 1,000 hours of employment within the past 12 months, covered employers include government agencies, schools, and companies with at least 50 employees, and New Jersey employers have the option to deny leave to the top 5% of salaried employees, if they can show that it would cause “substantial and grievous economic injury” to the employer’s business operations. Additionally, the federal FMLA in New Jersey provides time off from work due to an employee’s disability, while the NJFLA does not. Therefore, it may be possible to use FMLA covered time for disability without reducing NJFLA time in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse.
FMLA in New Jersey operates under the standard federal guidelines, however when applying NJFLA rules, due to the fact that civil unions are recognized in the State of New Jersey, the New Jersey Family Medical Leave Act will apply; that is, unpaid leave must also be granted to allow an employee to care for his/her civil union partner or eligible same-sex domestic partner who has a serious health condition. Many states, like New Jersey have created supplemental laws to the existing federal FMLA. And in many cases, this has resulted in confusion, however recent six figure judgments against employers underscore the fact that misunderstanding nor ignorance are viable defenses against FMLA lawsuits. But FMLA in New Jersey does not have to be a four letter word.
FMLA in New Jersey has been made simple with the use of Qcera’s LeaveSource™ cloud-based software. Fourteen years of successful operation have allowed companies of all sizes to enjoy compliant, cost-effective and user-friendly assistance with leave management requirements. Federal FMLA, NJFLA, as well as individual company policies are seamlessly integrated into the system, making your HR staff more efficient, compliant, and aware of potential leave abuse. Don’t let the administration of FMLA in New Jersey be a problem. Visit the LeaveSource™ website for more information at www.leavesource.com or click on red button above to request a demonstration.