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Pregnancy Disability in NJ--what does the state require employers to offer?

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  • Pregnancy Disability in NJ--what does the state require employers to offer?

    I know that NJ offers several different options in terms of disability for pregnancy.

    Does the state require that every employer offer either Short Term Disability or Temporary Disability Benefits? As I understand, either would provide a monetary coverage for 4 weeks prior to delivery and 6-8 post delivery. Then there is FLI that would kick in which is an additional 6 weeks.

    When I asked my employer to clarify they keep insisting that the coverage is 2 weeks prior to delivery, not 4 weeks. Yet everything I hear and read says otherwise.

    Am I missing something? What am I eligible for prior to delivery, 2 weeks or 4 weeks?

  • #2
    You might want to review these links re the federal FMLA, NJ FMLA (NJFLA) & the Paid Family Leave Act.

    federal FMLA - http://www.dol.gov/whd/fmla/index.htm - 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 This is NOT leave but pay/income while you are on leave - it gives you no add'l. leave time.

    "Generally" a doctor with authorize 4 weeks off before delivery & 6 weeks after for a
    normal pregnancy "disability." However, I do not know how much, if any, job protected
    leave you are entitled to - you will have to read the links. There are requirements
    that have to be met to receive job protected leave.

    9-3 PS - above should have said doctor will (not doctor with) - my typing error.
    Last edited by Betty3; 09-02-2011, 10:35 PM. Reason: add PS
    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


    • #3
      There are exceptions to who is required to offer the insurance. Most notably, school systems though there are others.

      Are you asking when the insurance kicks in or when your FMLA/NJFLA begins? Has your doctor taken you off work for a medical reason or is this a routine pregnancy? It makes a difference.
      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


      • #4
        NJ does have a state DI plan per link above. You'll need to read the link above to see if you qualify. Also, do you qualify for any job protected leave? (FMLA/NJFLA) You'll need to read links above if you don't know.
        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


        • #5
          Contacted the Dept Of Labor

          Thanks for the info Betty: I called the state and they told me that my employer needs to offer what the state offers which is Short Term Disability (includes up to 4 weeks before delivery and an additional 6-8 weeks after). Then FLI kicks in for another 6 weeks after.

          When I present this information to my employer, they still insist that 2 weeks is standard!

          Not sure of my course of action, my employer seems to be acting shady. If I get my doctor to take me out 4 weeks prior to delivery I am nervous that my employer will hold it against me with all the responsibilities & projects I have pending (since they are really pushing the 2 week "policy")--I have no idea where they are getting this info?

          Comment


          • #6
            How many employees does your employer have?
            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.

            Comment


            • #7
              Originally posted by cbg View Post
              How many employees does your employer have?
              I'd say in the US probably about 40 employees, however it is an international company with locations all over the world so total would probably be at least 100 or so, maybe more.

              Comment


              • #8
                How many in New Jersey?

                There's a reason I'm asking.
                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.

                Comment


                • #9
                  Originally posted by cbg View Post
                  How many in New Jersey?

                  There's a reason I'm asking.
                  I guess I was not clear...about 40 in NJ

                  Comment


                  • #10
                    federal FMLA (job protected leave) requires 50 or more employees within a 75 mile
                    radius of your work location.

                    These are the requirements for NJFLA (job protected 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.

                    http://www.nj.gov/oag/dcr/law.html#FLA
                    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


                    • #11
                      Pregnancy Disability in NJ-Employer providing incorrect info New Jersey

                      After research & calling the State, I understand that NJ Short Term Disability qualifies you to 4 wks prior to delivery & an additional 6-8 wks after.

                      My company's HR person is insisting on 2 weeks prior to delivery. Has anyone ever heard of these terms for disability in NJ?
                      When I asked for clarification, they still insisted on the 2 weeks.

                      I need to let them know when I will be leaving for disability. Can I have my doctor write me out 4 weeks prior? Will I still be paid the portion of my salary?

                      Comment


                      • #12
                        Duplicate post
                        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.

                        Comment


                        • #13
                          See http://www.laborlawtalk.com/showthread.php?t=280640 posted 9-1.
                          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


                          • #14
                            The prior thread gives you a link on NJ SDI.

                            You don't qualify for FMLA job protection - not enough employees it seems. (would need 50
                            or more employees within a 75 mi. radius of where you work; there are other requirements also)
                            We don't know if you qualify for NJFLA job protection. I gave you the requirements
                            that need to be met. You have to see if you met all of them. If you don't,
                            your employer doesn't have to give you any job protected leave. However,
                            due to pregnancy discrimination laws, they have to give you the same amount
                            of time off as they would give someone in a similar situation with a disability other
                            than pregnancy (such as for a broken leg). They don't have to give you four weeks off before
                            & 6 weeks after (for a normal pregnancy) if they wouldn't give someone with a
                            broken leg that much time off.

                            "Generally" a dr. will recommend 4 weeks prior & 6 weeks after for a normal pregnancy
                            but you may not get that if you don't have job protected leave for that amt. of time.

                            You "should" get NJ SDI (see link) to get paid while off on any disability leave.

                            I'm going to transfer this thread to the other thread - I think that would be best.
                            Last edited by Betty3; 09-04-2011, 12:28 AM. 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

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