Law Offices of Mitchell Schley, LLC

New York and New Jersey Labor and Employment Lawyer

197 Route 18 South
South Tower – Suite 3000
East Brunswick, NJ 08816
Phone: (732) 325-0318
Fax: (732) 325-0317

245 Park Avenue, 39th Floor,
New York, NY 10167
Phone: (212) 672-1848
Fax: (212) 372-8798

mschley@schleylaw.com

Contact us for a free telephone consultation at

(732) 325-0318

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About Mitchell Schley, ESQ

NJ Family Leave

Today’s topic concern’s the rights of an employee to take time off from work under certain circumstances. New Jersey has a law entitled the New Jersey Family Leave Act (FLA) which applies to any New Jersey employer that has at least 50 employees. This law requires employers to give its employees up to 12 weeks of leave in any 24-month period for the:

  1. Birth of a child
  2. Adoption of a child
  3. Serious illness of a child, spouse, parent or parent-in-law.

The 12 weeks of leave does not have to be taken together at one time. Of the 12 weeks an employee is entitled to be paid for 6 weeks in an amount up to $524 per week.

An employee should give 30 days’ notice to his or her employer of the need for leave unless this is not possible, and the employee should ask the employer for the necessary forms that need to be submitted.

One of the most important aspects of the FLA is that the law requires the employer to allow the employee to return to work after the leave is over in the same job and at the same pay that he or she had before the leave. Another important aspect of the FLA is that during the leave, the employer must continue the employee’s health insurance benefits as long as the employee continues to pay his or her regular contribution to the cost of the insurance.

In addition to the New Jersey FLA, there is another law that you need to know about because it provides an additional protection. There is a federal law called the Family and Medical Leave Act which is known as the FMLA. According to this law, an employee may take leave of up to 12 weeks in any 12-month period when the employee is unable to work because of his or her own serious health condition. The 12 weeks of leave does not have to be taken together at one time. In order to obtain this leave the employee has to obtain a doctor’s certification. An employee who needs to take leave is entitled to return to his or her same job and same pay. However, the employer is not required to pay an employee while that person is on leave for his or her own medical condition. The employer is required to continue the employee’s health insurance during the leave as long as the employee continues to pay his or her regular contribution to the cost of the insurance.

The last thing you should know is that is illegal for your employer to retaliate against you or discriminate against you because you took a leave permitted under the New Jersey or federal law.

Mitchell Schley is an attorney who practices labor law at the Law Offices of Mitchell Schley, LLC, in East Brunswick and New York City. Feel free to contact him if you have a question about this article or any other labor law issue. He can be reached at (732) 325-0318 or at www.schleylaw.com.

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Law Offices of Mitchell Schley, LLC
197 Route 18 South, South Tower – Suite 3000, East Brunswick, NJ 08816 • Phone: (732) 325-0318 • Fax: (732) 325-0317
245 Park Avenue, 39th Floor, New York, NY 10167 • Phone: (212) 672-1848 • Fax: (212) 372-8798
mschley@schleylaw.com
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