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Pregnancy Leave-FMLA New Jersey

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  • Pregnancy Leave-FMLA New Jersey

    I desperately need your help as I am new to dealing with FMLA and don’t want to misinform employee or make the wrong decision on behalf of the Company.

    Our scenario is that the employee’s first day unable to work was 10/31/11 due to maternity.
    She had the baby on 12/05/2011 – normal delivery.
    I calculated her return to date as 1/24/2012 – 12 weeks of FMLA since she was out.
    I called her 2 weeks ago because she still hasn’t paid her portion of the insurance premium – she says she will.
    At that point she tells me that the doctor has cleared her to return back to work on 1/31/12 – that would be the 13th week.
    Now, another employee came and told me that the new mom is not coming back yet because of a new law extending her leave another 12 weeks.
    I haven’t spoken to the employee out on leave again but I’m assuming she is talking about NJFLI (6 weeks of pd leave).
    She hasn’t even called me to tell me that this is her plan. Isn’t she supposed to give us 30 days notice?

    How do I handle this? I am so confused that I don’t know from what date I should start counting FMLA and NJFMLA and NJFLI.
    I will add that this employee was out 86 hours before her actual maternity leave because of illness during pregnancy.
    I think she has extended her FMLA right way longer than she was entitled to with all her absences.

    Please help!!

  • #2
    Not being in NJ, I can't answer this but hopefully someone else can. I'm in a State with it's own version of FMLA and it runs concurrently with federal FMLA. An employee doesn't receive 12 weeks of FMLA plus "X" weeks of State FMLA. I'd anticipate that NJ is the same but let's hope another responder can chime in and tell us for sure.

    Comment


    • #3
      Thanks Beth3. Hopefully someone can help!

      Comment


      • #4
        I've never had employees in NJ but I do have a book at home that shows how the various state leaves connect. If I don't remember to check it when I get home, bump the post up so I'll see it again.
        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


        • #5
          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 - must be 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. (also see ** below re temporary DI)


          ** http://lwd.dol.state.nj.us/labor/tdi...pregnancy.html re temporary DI benefits:
          Last edited by Betty3; 01-24-2012, 11:17 AM. Reason: "spelling"
          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


          • #6
            It's in one of the links above but I thought I would post this information for you:

            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


            • #7
              Thanks for all the info Betty3. I will review this and see if I understand it all.
              The links you provided are of great help.

              Comment


              • #8
                You're welcome. Let us know if you have any additional questions.
                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


                • #9
                  Not what you asked but I would not knock myself out reasearching a rumor you heard 3rd hand. If it isn't clear when this employee is returning to work, call them and ask. I would also insist on medical documentation that specifies when she is medically cleared to return to work, not just when she plans to return from bonding leave.
                  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


                  • #10
                    You asked about the 30 day notice for Pd Fam. Leave - the info is also in a link above but I decided to go ahead & post this for you.

                    Family Leave Insurance > Bonding with a Newborn or Newly Adopted Child
                    You can claim Family Leave Insurance benefits to:


                    Bond with a newborn child during the first 12 months after the child’s birth. You, your spouse, your domestic partner or your civil union partner must be the biological parent of the child.


                    Bond with an adopted child during the first 12 months after the child’s placement.

                    A bonding leave claim must be for a period of more than seven consecutive days, unless the employer permits the leave to be taken in non-consecutive periods. In this case, each non-consecutive leave period must be at least seven days.

                    If you are taking intermittent leave for bonding, you and your employer must agree to the intermittent schedule.

                    Remember: each intermittent period must be for seven (7) days or more.

                    You must give your employer 30 days’ notice before the leave starts. If you do not give your employer the proper notice, your benefit entitlement may be reduced by 14 days.


                    Bonding documentation must be provided at the time of filing. Examples of acceptable certification are:

                    Child’s Birth Certificate
                    Child’s Hospital Discharge Record (Birth Mother Only)
                    Declaration of Paternity
                    Certificate of Placement
                    Independent Adoption Placement Agreement

                    (The New Jersey Temporary Disability Benefits law provides up to six (6) weeks of Family Leave Insurance benefits to covered individuals to bond with newborn or newly adopted children and to care for sick family members...)
                    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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