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  • #16
    State and federal can run at the same time but I'm not sure how your state would view it if you didn't inform the employee that the time counted. If the powers that be are unwilling to act, then you are stuck regardless. I would not however, make the same mistake twice and would absolutely make clear that the current time off is being counted toward the state leave. If the current policy is 6 months, I wouldn't change it just for her.

    Then, update your policies and make it clear what you will do going forward.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #17
      The New Jersey Division on Civil Rights enforces the New Jersey Family Leave Act (NJFLA), which requires covered employers to grant eligible employees time off from work in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse. The NJFLA's definition of "parent" includes a parent-in-law or a stepparent. The NJFLA provides for up to twelve weeks of leave in a 24-month period. The 24-month period begins on the first day of the employee's first NJFLA leave.

      1. Which employers are covered by the NJFLA?

      All employers with 50 or more employees anywhere worldwide must comply with the NJFLA for their New Jersey employees.


      2. Which employees are eligible for leave under the NJFLA?

      To be eligible for family leave under the NJFLA, an employee must be employed in New Jersey by a covered employer. The employee also must have been employed for at least twelve (12) months for the employer, and must have worked 1,000 base hours in the preceding twelve (12) months.


      3. How does the NJFLA relate to the federal Family and Medical Leave Act?

      Like the NJFLA, federal Family and Medical Leave Act (FMLA) also provides time off from work in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse. ***When an employee takes a leave for a purpose covered by both the FMLA and the NJFLA, the leave simultaneously counts against the employee's entitlement under both laws.***

      The FMLA provides time off from work due to an employee's own disability, while the NJFLA does not provide covered employees with leave for their own disabilities. Thus, even though an employee may utilize all of his or her allotted time under the federal FMLA due to his or her disability, the employee may subsequently be entitled to time off under the NJFLA in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse.

      The FMLA provides up to twelve weeks in a 12-month period, rather than a 24-month period as provided in the NJFLA
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #18
        This is what the US DOL has: (re federal & NJ state fam leave)

        Type of Leave
        Federal --Unpaid leave for birth, placement of child for adoption or foster care, to provide care for Employee's own parent (including individuals who exercise parental responsibility under state law), child, or spouse with serious health condition, or Employee's own serious health condition

        State --Birth, adoption placement, serious health condition of child, parent, parent-in-law, or spouse, but not for an employee's own health condition.

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


        add info: law per NJ Dept of Labor & Workforce Development:

        #4 We have over 50 employees. An employee who has been with our company for over one year has informed us that she will soon be going out on maternity leave and plans to stay at home to care for the baby for the first 2-3 months after the birth. How do the federal and NJ leave laws apply to this situation?

        The federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) will both apply: FMLA, which covers employee’s own disability and care of family members, will apply for the duration of the employee’s disability as well as post-recovery care of the newborn (until the 12 week entitlement of FMLA is reached);
        ***NJFLA, which only covers care of family members,*** will begin on the date of recovery and run concurrent with the federal til the 12 week FMLA entitlement is reached and then continue up to the point where the employee returns to work or the 12 week NJFLA entitlement is reached. A maximum of 24 weeks of job-protected leave is possible.

        http://lwd.dol.state.nj.us/labor/emp...hr/FAQ_hr.html
        Betty3
        Senior Member
        Last edited by Betty3; 04-08-2008, 07:04 PM. Reason: add info
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

        Comment


        • #19
          Originally posted by Eng&SafetyMGR View Post
          I bolded the important part, but I'm confused as the info. in the note seems contradictory to a point. It boils down to what is " a serious health condition" and what is a "disability". Call the state as cbg suggested.



          Eligible Employees

          Employees are eligible if they have worked for a covered employer, with at least 50 employees, for at least one year and for at least 1,000 hours over the previous 12 months.

          Covered Employers

          A company with at least 50 employees for 20 or more weeks either this or last year; or
          A governmental agency; or
          A school.
          Reasons for Taking Leave

          Unpaid leave must be granted for any of the following reasons:

          to care for the employee's child after birth, or placement with the employee of a son or daughter for adoption or foster care;
          to care for the employee's spouse, son or daughter, or parent, who has a serious health condition, or;
          for a serious health condition that makes the employee unable to perform his or her job.
          NJFLA defines a "serious health condition" as an illness, injury, impairment, or physical or mental condition which requires:

          1) inpatient care in a hospital, hospice, or residential medical care facility; or

          2) continuing medical treatment or continuing supervision by a health care provider.


          FMLA regulations similarly define what constitutes a "serious health condition."

          At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave.

          Note: The FMLA provides time off from work due to an employee's disability, while the NJFLA does not. Therefore, it may be possible to use FMLA covered time for disability without reducing NJFLA time in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse.
          Do you have a link to this info re law applies to employee's serious health condition - thanks. Betty3 (My ref. book says NJFLA doesn't apply to employee's own serious health condition (except pregnancy-take care of baby) but does under fed. FMLA.)
          Betty3
          Senior Member
          Last edited by Betty3; 04-08-2008, 07:20 PM.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

          Comment


          • #20
            http://www.state.nj.us/treasury/pens...a-overview.htm
            "Pluralitas non est ponenda sine neccesitate'' - Sir William of Ockham, a.k.a. Ockham's Razor

            Comment


            • #21
              Here is a chart outlining how federal and state compare http://www.dol.gov/esa/programs/whd/state/fmla/nj.htm
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

              Comment


              • #22
                Thanks, I saw that -that's where I got my info in post #18 re type of leave. (same link)
                Betty3
                Senior Member
                Last edited by Betty3; 04-09-2008, 01:17 PM.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #23
                  Cannot be used for employee's own serious health condition but birth of child:

                  http://www.njtimetocare.rutgers.edu/PDF/NJFLABrief.pdf
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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