Family Leaves

Sometimes, an employee may need to take time off from work to take care of one of their family members. Fortunately, the Family & Medical Leave Act (“FMLA”) and the New Jersey Family Leave Act ("NJFLA") guarantee that qualified employees can take time off to care for their loved ones.

The NJFLA is a state statute that entitles covered employees to take up to 12 weeks every 24 months due to a family member's serious health condition, or to bond with a child within 12 months after the child’s birth or adoption, or the placement of a foster child.

Under the NJFLA, "family member" is defined very broadly. It includes children, parents, spouses and civil union partners, as well as siblings, parents-in-law, grandparents, domestic partners, foster children, and foster parents. In fact, it even includes any other blood relative, as well as any other person who has a “close association” that is equivalent to a family relationship.

The NJFLA applies to most New Jersey employees who worked (1) for the employer for at least 12 months; (2) at least 1,000 hours for the employer during the previous 12 months; and (3) for a company with at least 30 employees nationwide.

At Rabner Baumgart Ben-Asher & Nirenberg, our New Jersey family leave attorneys represent workers who need help requesting a family leave, have been denied a family leave, or who lost their jobs or experienced another form of retaliation because they requested one.

In contrast to the NJFLA, the FMLA is a federal law that guarantees covered employees in both New York and New Jersey the right to take up to 12 weeks off from work per year for reasons including to care for an immediate family member who is suffering from a serious health condition, or for bonding leave following pregnancy, adoption, or placement of a new foster child. However, under the FMLA, immediate family members only include the employee’s spouse, son, daughter, or parent.

Unlike the NJFLA, the FMLA applies only to employees who have worked at least 1,250 hour during the previous 12 months, in a location that has at least 50 employees within a 75 mile radius.

The FMLA allows covered employees to take more time off than the NJFLA, since it provides for up to 12 weeks of time off every 12 months, rather than 12 weeks every 24 months under the NJFLA.

If you would like to schedule a consultation with one of our New Jersey family leave lawyers, you can contact us online, or call us at (201) 777-2250. Our main office is located at 135 Chestnut Ridge Road, Suite 230, in Montvale New Jersey.

Neither the NJFLA nor the FMLA requires employers to pay employees during a family or bonding leave. However, qualified employees who take a family leave, maternity leave, or paternity leave in New Jersey are likely to be eligible for insurance benefits pursuant to the New Jersey Paid Family Leave Act. Alternatively, employees can use their accrued paid time off during a family leave.

In addition to protecting employees who take family leaves, the FMLA also entitles covered employees to take time off for their own serious health conditions. For more information, please see our medical leaves page.

In addition, or as an alternative, to time off pursuant to the NJFLA or the FMLA, under the New Jersey Law Against Discrimination ("LAD") or the New York State Human Rights Law ("NYSHLR"), employees who are pregnant or recently gave birth are entitled to reasonable accommodations for their pregnancy.

If you are interested in learning more about your legal rights, we recommend that you read one of the following articles on our Employment Law Blog, written by our New Jersey family leave attorneys:

• New Jersey Family Leave Act Amended Again
• Expansions to the New Jersey’s Family Leave Act
• Employee Seeking Family Leave Entitled to Chance to Correct Deficient Medical Certification