FMLA and adoption leave in NJ

[OliviasMom]

We are in NJ and are adopting a child soon. I have requested family leave in the form on accrued vacation, personal, and sick time. I work for a large entity and am aware of qualifications, which I meet. My personnel office does not have any written leave documentation, but rather arbitrarily administers leave based some unknown procedure. They have told me that I cannot take accrued sick time under NJ FMLA for medical appointments for child, only accrued vacation and personal time. I have been told that sick time cannot be counted under the NJ law, and that I must request sick time separately, apart from FMLA. Is this correct?

Had I been given documentation, and even though I may not agree with it, I would have at least had the policy in writing. Considering that there is no such written policy, and the administration of family leave appears to be arbitrary, what is my recourse?

[Sue]

Originally Posted by OliviasMom

We are in NJ and are adopting a child soon. I have requested family leave in the form on accrued vacation, personal, and sick time. I work for a large entity and am aware of qualifications, which I meet. My personnel office does not have any written leave documentation, but rather arbitrarily administers leave based some unknown procedure. They have told me that I cannot take accrued sick time under NJ FMLA for medical appointments for child, only accrued vacation and personal time. I have been told that sick time cannot be counted under the NJ law, and that I must request sick time separately, apart from FMLA. Is this correct?

Had I been given documentation, and even though I may not agree with it, I would have at least had the policy in writing. Considering that there is no such written policy, and the administration of family leave appears to be arbitrary, what is my recourse?

Here is the law:

"An Employee may not substitute paid sick, medical, of family leave for any situation not covered by any Employers' leave plan"

http://www.dol.gov/esa/programs/whd/state/fmla/nj.htm

"Employees may elect or Employers may require accrued paid leave to be substituted in some cases. No limits on substituting paid vacation or personal leave. An Employee may not substitute paid sick, medical, of family leave for any situation not covered by any Employers' leave plan."

I do not see an exception to that law for NJ.

[OliviasMom]

Thanks, Sue! But what if the employer will not provide a copy of their leave plan, mainly becuase they do not have one in writing?

[Sue]

Originally Posted by OliviasMom

Thanks, Sue! But what if the employer will not provide a copy of their leave plan, mainly becuase they do not have one in writing?

Even if the company won't provide a plan for leave, you are protected under the FMLA.

I find that putting questions and requests in writing sometimes get gets better results.

Also, make sure it is known that you are out on FMLA if and when you do go, so that your job is protected.

Without proper paperwork and employer approval, with notification that you are indeed on FMLA can lead to all sorts of problems.