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laborlaw
05-25-2005, 01:35 PM
Pursuant to the Family Leave Act (N.J.S.A. 34:11B-1, et seq.), most employees who have worked at least 1,000 hours during the last 12 months are eligible to receive an unpaid leave of absence for a period not to exceed 12 weeks in a 24-month period.

Leave may be taken only for the birth or adoption of a child, or the serious health condition of a family member (i.e., child, parent or spouse).

Any leave granted to an eligible employee under this Act due to the serious health condition of a family member may be taken consecutively or intermittently, depending upon the legitimate needs of the employee. Any leave granted due to the birth or adoption of a child must be taken consecutively unless otherwise agreed to by the employer and must begin within one year of the adoption or birth.

The Act does not require an employer to grant more than 12 weeks of leave in any consecutive 24-month
period. However, family leave granted under the Act is in addition to, and separate from, any rights granted under the “Temporary Disability Benefits Law.”

Eligible employees must provide prior notice to the employer if requesting a leave of absence under this Act. The employer has the right to request that an employee provide a certification issued by a health care provider in order to ensure that the employee meets the eligibility requirements.

The employer may deny a request for leave made by an otherwise eligible employee, if the employee is among the highest paid five percent, or is one of the seven highest paid employees of the company, whichever is greater, and the employer can demonstrate that the leave will cause substantial and grievous economic injury to its operations.
VIOLATIONS SHOULD BE REPORTED TO THE NEAREST OFFICE OF THE NEW JERSEY DIVISION ON CIVIL RIGHTS

TTY Users may contact the New Jersey Division on Civil Rights through the New Jersey Relay Operator. Dial 711 and ask the Relay Operator to contact the Division at
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All employers covered by the Act shall display conspicuous notice of its employees’ rights and obligations pursuant to the provisions of this act, and use other appropriate means to keep its employees so informed N.J.S.A. 34:11B-6

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