PDA

View Full Version : NJ MATERNITY LEAVE FROM PART TIME POSITION New Jersey


COOKIE1
12-02-2008, 10:20 AM
I worked part time for company and then took maternity leave. Is the company required to return me to my part time position, or any position at the end of my maternity/disabilty leave?

Beth3
12-02-2008, 10:22 AM
Only if your leave time falls under FMLA, whether federal or State.

COOKIE1
12-02-2008, 10:28 AM
I would have to qualify under FMLA even if I'm only out the normal disability time frame? I thought FMLA was only for extended leave, time taken past normal disability.

Beth3
12-02-2008, 10:35 AM
I would have to qualify under FMLA even if I'm only out the normal disability time frame? Yes.

I thought FMLA was only for extended leave, time taken past normal disability. Nope. FMLA is a federal law (I believe NJ has it's own,similar law) that requires employers to extend up to 12 weeks of unpaid leave time to employees with a "serious health condition" and several other reasons. If you qualify for leave under the FMLA and return to work within 12 weeks, then your employer has to return you to your prior position. If you don't qualify for leave under the FMLA, then any leave time your employer has extended to you is voluntary on their part and they don't have to return you to your prior job - or return you to work at all.

cbg
12-02-2008, 10:39 AM
Disability is not leave. It is how you get paid while you are on leave.

COOKIE1
12-02-2008, 11:10 AM
Ok. I get it. I fall short of the required 1,000 hours for FMLA.
Last question. Do you know if they don't return me to work if I can collect NJ unemployment?

p.s. You guys are awesome! Thank you so much for the quick replies. :)

cbg
12-02-2008, 11:13 AM
Once you are medically cleared to return to work you should qualify for UI if your employer does not have work for you.

Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements