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question about maternity leave (disability and fmla in NJ) New Jersey

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  • question about maternity leave (disability and fmla in NJ) New Jersey

    i've been working for the same company with well over 200 employees in one facility for about 9 years located in NJ. i'm about to go on maternity leave but need some advise / feedback about what i am entitled to...

    as far as i know, i'm entitled to:
    .... 4 weeks paid leave prior to childbirth with or without a doctor's note
    .... 6 weeks paid leave (short-term disability) after childbirth by vaginal birth and 8 weeks for c-section
    .... 12 weeks partially paid (up to $500/week) fmla leave

    is this correct? or does the 12 weeks fmla and 6 weeks short-term disability taken at the same time - meaning i can only take a total of 12 weeks for both short term disability and fmla after childbirth?

    thanks in advance!

  • #2
    Disability is not leave; it is how you get paid while you are on leave.

    The way I read the law, if you are entitled to time under both Federal FMLA and the NJ equivalent, the leaves run concurrently not consecutively. So you would be limited to 12 weeks in total.

    However, we have some NJ experts who respond here and if one of them disagrees with me, I will defer to their expertise.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      You might want to review these links re the federal FMLA, NJ FMLA (NJFLA) & the new Paid Family Leave Act eff. 7-1-09.

      federal FMLA - http://www.dol.gov/esa/whd/fmla/ job protection - unpaid leave

      NJ Fam. Leave act (NJFLA) - http://www.nj.gov/oag/dcr/law.html#FLA job protection - unpaid leave

      NJ Paid Fam. Leave Act - employees may take up to 6 wks. of pd. family leave at any time within one year of the birth or adoption of a child, etc. (see link) - no job protection but paid leave http://lwd.state.nj.us/labor/fli/fliindex.html

      questions & answers re above pd. fam. leave - http://lwd.state.nj.us/labor/fli/content/fli_faq.html

      N J also has a state disability income plan to get pd. while off on unpd. disability leave. http://lwd.dol.state.nj.us/labor/tdi/tdiindex.html
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