New Jersey companies, like those in every other state, are required to abide by the federal Family and Medical Leave Act (FMLA), which entitles qualified workers to unpaid leave for specific reasons and the right to be reinstated to their job once the FMLA absence has expired.
Employers of all sizes are required to grant up to 40 hours of earned sick time per year to full-time, part-time, and temporary workers so they can take care of themselves or a loved one. Employees are also entitled to time off under New Jersey law for personal and medical reasons. If more than one law applies, the employee may use the provisions that are most advantageous to their situation.
The law office of Brandon J. Broderick, Attorney at Law, has a team of NJ employment law attorneys who can help you. We offer free consultations for all clients in need.
What Are My Rights Under the Family and Medical Leave Act?
For serious health issues, bonding with a new child, or preparing for a family member's military service, eligible New Jersey employees may take up to 12 weeks of leave. Additional leave is available for employees who must take care of a family member who was seriously hurt while serving in the military.
However, your rights under FMLA are limited and the time off is unpaid. Many states have passed their own family and medical leave laws in addition to the federal FMLA, some of which extend coverage to more workers or offer better benefits than the federal statute.
What is Covered in New Jersey?
If a company has at least 50 employees for at least 20 weeks during the current or prior year, it must comply with the FMLA.
A worker qualifies for FMLA leave if:
- They have been employed with the business for at least a year;
- They worked 1,250 hours or more the year before, and;
- They work at a location with 50 employees or more inside a 75-mile radius.
Family and Medical Leave Rules in New Jersey
Employees in New Jersey are also entitled to paid leave for family and medical reasons, in addition to the rights provided under the FMLA.
At companies with 50 employees or more, eligible workers must be allowed to take up to 12 weeks of leave every 24 months for:
- Caring for a newborn or adopted child
- Caring for a family member who is seriously ill
To be eligible, an employee must have worked for the company for a year and at least 1,000 hours in the past 12 months.
Temporary Disability Leave in New Jersey
In addition to sick time, employees can accrue time under the Earned Sick Leave Law in New Jersey, as well as temporary disability leave, which is publicly funded. To pay for this program, a small amount of money (a few cents) is taken from each employee's paycheck.
Benefits for a temporary disability are available for up to 12 weeks per year. Pregnancy, healing after a surgery, and medical disorders such as physical and mental ailments are all acceptable grounds for claiming Temporary Disability Leave benefits. 85 percent of your typical weekly wage is paid to you while you're on temporary disability leave. The most you can be compensated for a temporary disability leave in 2022 is $993 per week.
Instead of using your accrued sick time or requesting temporary disability leave if your illness is related to a work injury, you should file a workers' compensation claim.
Our workers' comp lawyers have extensive experience in helping sick or injured workers get the compensation they need to get back on their feet. Call us if you need help or legal advice.
The Law Office of Brandon J. Broderick, Attorney at Law, Are Here For You
A paid medical leave lawyer can assist you in upholding your rights, especially if you were denied paid leave, workers compensation or were injured at work.
The NJ workers' comp lawyers at Brandon J. Broderick have helped thousands of clients resolve their claims and receive the benefits they are entitled to.
To discuss your case, get in touch with us and we will evaluate your case.