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Maternity Leave - FMLA and STD New Jersey

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  • Maternity Leave - FMLA and STD New Jersey

    So trying to clarify something. My wife works for a midsize business. It is hard to classify it as midsize because they have under 50 employees in each company and have multiple companies. Essentially, for tax breaks they generated a new company whenever they hired a lot of people to keep it under 50 employees. I am not sure if this piece is important but worth noting!

    My wife is due in a few months and will be taking Maternity leave. The company does not offer a paid maternity leave but explained to her what will happen. The HR rep has stated she researched this and the business is in the state of NJ and it would work like this:
    - Short Term Disability will be offered at 2/3 of her salary for 6 weeks.
    - On top of that 12 weeks will be extended to that and also include 2/3 of her salary with FMLA.

    This means she will have up to 18 total weeks time off paid 2/3rd of her salary. Now that sounds great and all but I don't want to take her word on it since I do not believe that is how it works for NJ. Since it is not the company paying, and it is (the state I guess?) I wanted to confirm this. Granted, I am not an HR person but based on what I read, the FMLA 12 weeks does not extend the 6 weeks you already had off. If you have 6 weeks off STD then you will have an additional 6 weeks off with FMLA.

    More importantly, if they say she is paid for her time on FMLA then there would be no difference between that and STD. I thought the purpose of FMLA is to have extra time when you cannot work at the expense of not getting paid but having your job guaranteed when you return.

    Any clarity would be MUCH appreciated!

  • #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. (also see ** below re temporary DI)

    "Generally" a doctor will authorize 4 weeks off before delivery & 6 weeks after for a normal pregnancy "disability."

    ** http://lwd.dol.state.nj.us/labor/tdi...pregnancy.html re temporary DI benefits:
    From above link:
    For a normal pregnancy, benefits are usually payable for up to four (4) weeks before the expected delivery date and up to six (6) weeks after the actual delivery date (provided that you have not worked during that time). A doctor may certify that you are disabled for a longer period if:

    You experience specific complications related to pregnancy.
    You undergo a Cesarean section.
    You have another simultaneous disability.
    You are physically unable to do your regular job
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