The Right to Take Family and Medical Leaves

The Family & Medical Leave Act (“FMLA”) gives many employees the right to take up to 12 weeks off per year due to:

• Their own serious health condition;
• The serious health condition of their spouse, son, daughter, or parent; or
• The pregnancy, adoption, or placement of a child in foster care.

Similarly, the New Jersey Family Leave Act (FLA) gives many employees the right to take up to 12 weeks every 24 months for the serious health condition of their child, husband, wife, or domestic partner; or due to the birth or adoption of their child.

Am I Entitled to Get Paid While I’m on a Family or Medical Leave?

The FMLA and the FLA do not require companies to pay employees who take a family or medical leave.  However, disabled and pregnant employees in New York and New Jersey may be eligible for state disability insurance benefits, and qualified employees who take a family leave, maternity leave, or paternity leave in New Jersey are eligible for benefits under the New Jersey Paid Family Leave Act.  In addition, some companies have policies of paying employees for a period while they are on a family or medical leave.

The Law Prohibits Retaliation Against Employees Who Take FMLA Leaves

Employees who take time off under the FMLA or the FLA are generally entitled to return to their previous job or an equivalent position when their leaves end.  Both of those employment laws also make it illegal for employers to retaliate against employees who request time off under them.

Time Off As an Accommodation For a Disability

In addition to taking a medical leave under the FMLA and that FLA, in both New Jersey and New York disabled employees may be entitled to take time off as a reasonable accommodation for a disability.  For more information, please visit our reasonable accommodation page.