Understanding the regulations surrounding employee leave can be crucial for New Jersey businesses in maintaining compliance while supporting their workforce.
This article aims to clarify leave rights under three essential frameworks: the federal Family and Medical Leave Act (FMLA), the New Jersey Family Leave Act (NJFLA), and the state’s Temporary Disability Insurance (TDI) and Family Leave Insurance (FLI) programs.
The Federal Family and Medical Leave Act (FMLA)
The FMLA provides eligible employees with the right to take up to 12 weeks of unpaid leave in a 12-month period for specific family and medical reasons. Here are the key points for small business owners to understand:
Eligibility and Coverage
- Employer Coverage: The FMLA applies to businesses with 50 or more employees within a 75-mile radius.
- Employee Eligibility: Employees must have worked at least 1,250 hours over the past 12 months and been employed for at least 12 months to qualify for leave.
Reasons for Taking Leave Under the FMLA
Employees may take intermittent leave for the following reasons:
- Own Serious Health Condition: When an employee is incapacitated due to a serious illness.
- Caring for a Family Member: To care for a spouse, child, or parent with a serious health condition.
- Parental Leave: For the birth, adoption, or foster placement of a child. ### Key Employee Rights
Job Protection
Employees are entitled to return to their same or equivalent position post-leave.
Health Benefits
Group health insurance must continue during FMLA leave under the same conditions as if the employee were working.
Notification
Employees should provide reasonable notice of their leave, ideally 30 days in advance if known.
The New Jersey Family Leave Act (NJFLA)
The NJFLA complements the FMLA but has some distinct provisions that business owners should note.
Eligibility and Coverage
- Employer Coverage: The NJFLA applies to employers with 30 or more employees.
- Employee Eligibility: Employees are eligible if they have worked for at least 1,000 hours in the past 12 months.
Reasons for Taking Leave
NJFLA allows leave for:
- Family Leave: To care for a family member with a serious health condition.
- Parental Leave: For the birth or adoption of a child.
Key Points to Remember
- Duration of Leave: The NJFLA provides up to 12 weeks of unpaid leave, similar to the FMLA.
- Job Protection: Employees are entitled to return to their previous or equivalent position, similar to FMLA regulations.
NJ Temporary Disability Insurance and Family Leave Insurance Benefits
New Jersey also has state programs that provide financial benefits to employees who require leave. Here’s an overview:
Temporary Disability Insurance (TDI)
- Purpose: TDI offers financial support to employees who are temporarily unable to work due to their own medical condition (non-work-related injuries, illnesses, or pregnancy).
- Eligibility: Employees must have earned sufficient wages during a specific base period and be unable to perform their job due to a medical condition.
- Benefit Period: Eligible employees can receive benefits for up to 26 weeks at a reduced percentage of their weekly wages.
Family Leave Insurance (FLI)
- Purpose: FLI provides financial benefits to employees who need to take time off to care for a seriously ill family member or to bond with a new child.
- Eligibility: Similar to TDI, employees must meet wage requirements and provide necessary documentation.
- Benefit Period: Employees can receive FLI benefits for up to 12 weeks, also at a reduced percentage of their average weekly salary.
Important Considerations for Business Owners
Understanding Your Obligations
- Stay Informed: Keep updated on both federal and state laws regarding leave as they can frequently change.
- Communicate Policies: Clearly outline your leave policies in your employee handbook, ensuring staff are aware of their rights and the process for requesting leaves.
- Documentation: Maintain thorough records of all leave requests and any communications with employees regarding their leave to protect your business from potential disputes.
The Importance of Coordination
When an employee requests a leave, ensure they are aware of both FMLA and NJFLA, as well as TDI and FLI eligibility. Coordination between these laws can play a crucial role in how businesses manage employee leaves.
Marzano Human Resources Consulting
Whether it be developing the proper policies, or consulting on federal, state or local employment law compliance, Marzano HR Consulting is a trusted partner to businesses nationwide. Reach out for a no-cost initial consultation.