What Is the Difference Between the NJFLA and the FMLA?
When you need to take time off from work to care for a new child or a seriously ill family member, the last thing you want to worry about is losing your job. The anxiety of navigating a complex web of leave laws can be overwhelming at a time when your focus needs to be on your family. You may have heard of the Family and Medical Leave Act (FMLA), the federal law that provides job-protected leave. But if you work in New Jersey, you may also be covered by the New Jersey Family Leave Act (NJFLA). Understanding how these two laws work together is crucial to maximizing your rights and getting the time off you need.
Many employees are confused about the difference between the FMLA and the NJFLA. They may not know which law applies to them or how much leave they are entitled to. This confusion can lead to missed opportunities and lost protections. At Savo, Schalk, Corsini, Warner, Gillespie, O’Grodnick & Fisher, we have a deep understanding of these complex laws. We can help you navigate the system and ensure that you are getting the full protection that the law provides.
The Basics: FMLA and NJFLA
Both the FMLA and the NJFLA are designed to help employees balance their work and family responsibilities by providing job-protected leave for certain family and medical reasons. This means that if you take leave under these laws, your employer must generally restore you to your same or an equivalent position when you return.
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
The New Jersey Family Leave Act (NJFLA) is a state law that provides eligible employees with up to 12 weeks of job-protected leave in a 24-month period.
While the laws are similar, there are key differences in their coverage and the reasons for which you can take leave.
Key Differences Between FMLA and NJFLA
1. Reasons for Leave
This is the most significant difference between the two laws. The FMLA covers a broader range of reasons for leave than the NJFLA.
•FMLA leave can be taken for:
•The birth and care of a newborn child.
•The placement of a child for adoption or foster care.
•To care for an immediate family member (spouse, child, or parent) with a serious health condition.
•For the employee’s own serious health condition.
•NJFLA leave can be taken for:
•The birth and care of a newborn child.
•The placement of a child for adoption or foster care.
•To care for a family member with a serious health condition.
Notice the key difference: the NJFLA does not cover leave for an employee’s own serious health condition. This is a critical distinction. If you need to take leave for your own medical issue, you will be using FMLA leave, not NJFLA leave.
2. Definition of “Family Member”
The NJFLA has a more expansive definition of “family member” than the FMLA. Under the NJFLA, you can take leave to care for a child, parent, spouse, domestic partner, civil union partner, or parent-in-law. The FMLA does not cover domestic partners, civil union partners, or parents-in-law.
3. Employer and Employee Eligibility
The eligibility requirements for employers and employees are also slightly different.
•FMLA: Applies to employers with 50 or more employees. To be eligible, an employee must have worked for the employer for at least 12 months and for at least 1,250 hours in the 12 months preceding the leave.
•NJFLA: Applies to employers with 30 or more employees. The employee eligibility requirements are similar to the FMLA.
How the Laws Work Together: Stacking Your Leave
Because the laws cover different situations, you may be able to “stack” your leave to get more than 12 weeks of job-protected time off. This is most common in situations involving pregnancy and childbirth.
Here’s how it can work: A pregnant employee can first take leave for her own serious health condition (pregnancy and recovery from childbirth) under the FMLA. Because the NJFLA does not cover an employee’s own health condition, her NJFLA leave is not used during this time. After she has recovered and her FMLA leave for her own health condition has ended, she can then take up to 12 weeks of NJFLA leave to bond with her new child. In this way, an employee can get significantly more than 12 weeks of job-protected leave.
This can be a complex and confusing process, and it is essential to have a clear understanding of your rights and to communicate clearly with your employer about the type of leave you are taking.
Don’t Navigate the Leave Laws Alone
Understanding your rights under the FMLA and the NJFLA is essential to protecting your job and your family’s well-being. These are powerful laws, but they are also complex and full of potential pitfalls. If you make a mistake in how you request or use your leave, you could inadvertently give your employer a reason to deny your request or even terminate your employment.
At our firm, we are passionate about helping employees access the leave they are entitled to. We can help you determine your eligibility, navigate the application process, and, if necessary, fight back against an employer who has violated your rights.
If you are planning to take family or medical leave, or if you believe your employer has interfered with your leave rights, we urge you to contact us for a free and confidential consultation. Let us help you get the time and protection you need.
Frequently Asked Questions (FAQ)
Q: Is my leave under the FMLA and NJFLA paid?
A: The FMLA and NJFLA only provide for unpaid, job-protected leave. However, you may be able to use your accrued paid time off (such as vacation or sick days) during your leave. Additionally, you may be eligible for wage replacement benefits through New Jersey’s Family Leave Insurance program.
Q: What should I do if my employer denies my request for leave?
A: If you believe you are an eligible employee who has requested leave for a covered reason and your employer has denied your request, you should contact an employment lawyer immediately. Your employer may have violated your rights under the FMLA or NJFLA.
Q: Can my employer fire me while I am on FMLA or NJFLA leave?
A: It is illegal for your employer to retaliate against you for taking leave under the FMLA or NJFLA. While you can be terminated for a legitimate reason that is unrelated to your leave (such as a company-wide layoff), your employer cannot fire you because you took leave.