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View Full Version : specific Maternity Laws in NJ?


PregnantPT
08-30-2005, 06:03 PM
I am trying to find a website or information regarding Maternity Leave Laws in NJ. Are there any sites anyone knows of or any that spell it all out?

A co-worker told me that NJ Law allows me to go on leave four weeks before I am due and that my employer is obligated to pay me. After that, I am entitled to 4 weeks of pay for a vaginal delivery or 6 weeks for a C-section. Then after all that, I can apply FMLA (Unpaid obviously). This sounds too good to be true. Anyone have any insight or places I can vist to find this stuff out? Thanks. This is my first real job and my first child - I wanna make sure I am not taken advantage of and that I get all that I am entitled to. Thanks again.

cbg
08-30-2005, 06:43 PM
It is too good to be true. The reason you're not finding anything is that NJ does not have any specific maternity laws.

How long have you worked for this employer? How many employees does the employee have within 75 miles of your location?

PregnantPT
08-30-2005, 06:57 PM
I've worked for my company for 1.5 years (FT), we are one of several clinics in the company which has 50+ employees spread out in clinics in PA, MD, WI. We are the only clinic in NJ. Does the 50 employee thing have to be within a radius of 75 miles?

cbg
08-31-2005, 06:29 AM
For FMLA to count, yes, the employees have to be within a 75 mile radius.

Your state is one of only 5 that provides state-mandated disability leave. But that only applies to income replacement; it does not offer job protection. BTW, that may be where your co-workers confusion comes in, because what the state will provide roughly corresponds to what your co-worker told you your employer was required to offer. (The exact length of time will be determined by your doctor's assessment.) But you will not receive your full salary during that time; rather, the state will pay up to 2/3 of your average wage for the eight weeks preceding, up to a maximum of $475 per week.

And as said before, if your employer does not have 50 employees within a 75 mile radius, then you are not eligible for FMLA. That being the case, how much time off your employer is willing to provide you will depend on its own policies - they do not have to provide you with any set length of time. The only legal requirement is that they cannot provide you with less time than would be offered to a similarly situated employee who has a non-maternity medical claim.

This site will tell you more.

http://www.state.nj.us/labor/tdi/faq.htm

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