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New Jersey Family Leave Act

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in Employment Law,FMLA Guidelines,HR Management,Human Resources

The New Jersey Family Leave Act provides up to 12 weeks of unpaid leave every 24 months for employees of any New Jersey company that has 50 or more employees anywhere worldwide. The law covers employees if they’ve worked for their organization for at least one year and clocked at least 1,000 hours during the preceding 12 months.

Whenever an employee qualifies under both the New Jersey Family Leave Act and the federal FMLA, the leave periods run concurrently. That means an employee who takes 12 weeks of unpaid FMLA leave can’t stack on another 12 weeks’ unpaid leave under the New Jersey law.

The main difference between the FMLA and the New Jersey law is in the eligibility rules. The New Jersey law covers employees who work an average of just over 19 hours per week, while the FMLA requires an average of 24 hours per week for eligibility. Also, the New Jersey law covers more employers since the 50-employee threshold can be met by tallying employees working for the company anywhere in the world. The FMLA covers only companies with 50 or more employees within 75 miles of the workplace in question.

The New Jersey Division on Civil Rights (www.state.nj.us/lps/dcr/index.html) enforces the family leave act.
Excerpted from New Jersey’s 10 Most Critical Employment Laws, a special bonus report available to subscribers of HR Specialist: New Jersey Employment Law

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