We have less than 50 employees, we have no short term disability plan. Please let me know if I am interpreting the laws in NJ incorrectly for maternity leave:
1. FMLA does not apply to us
2. Temporary State Disability does apply
3. Office policies will dictate whether or not employees may use accrued vacation time with their disability to extend their leave
4. We must still provide insurance coverage, and employee must pay their portion of this while out on leave
5. If employee does not come back from leave, we can recoup the insurance portion that we paid out.
6. We have no obligation to hold her position longer than the state disability

Here is where I am confused:
The State Disability means employees are entitled to a total of 10 weeks? 12 weeks? Can they divide this up any way they choose? For example, if 10 weeks is allowed, can she take 2 weeks before the baby and 8 weeks after or is it a set 4 weeks before, 6 weeks after? Can I create my policies to allow for this flexibility if we want to be more generous?
THANKS!

One other thing for the list: The Pregnancy Discrimination Act says that you can't treat the pregnant employee differently than you would someone else needing similar leave for medical reasons not related to a pregnancy.

Not sure how you can divide up the time; others will post and answer that part.

Also beware, Paid Family Leave is coming to our fair state, and I haven't seen anything about smaller businesses being exempt.

Was reading an article about the new leave today and read about this provision for small employers;

The stipulation in the paid family leave bill permits small companies—those with fewer than 50 employees—to fire workers who use the time off. Further, the provision states employees of small companies terminated for taking the leave are prohibited from suing their employer for wrongful termination or other claims.

Rest of the article is here;

http://www.njbiz.com/weekly_article.asp?aID=281562102.8761668.958932.20 838502.1819864.256&aID2=73755

Just one more thing in the lovely Garden State that makes no sense.

"Sure you can take your paid leave and btw you're fired" :confused:

I thought I heard circus music! :D

kathleen - here is a link re questions & answers on the NJ temp. disability benefits law. It includes info on pregnancy.

http://lwd.dol.state.nj.us/labor/tdi/content/faq.html