The federal Family and Medical Leave Act (FMLA) and New Jersey state laws allow all eligible New Jersey employees to take a long-term medical leave under certain circumstances. All New Jersey employers must adhere to the federal FMLA act, which states that these employees must be reinstated to their previous job position once the FMLA leave ends. Read on to learn more about long-term medical leave in New Jersey, as well as how New Jersey Employment Law Attorneys can help you if your employer violates your FMLA rights.
Federal FMLA Rights
The Federal FMLA rights act states that all eligible employees can take a maximum of 12 weeks off duty to bond with their new child, recover from severe health complications, or prepare for a sibling’s military service. In New Jersey, the FMLA act only applies to employers with at least 50 employees within 20 weeks in the previous or current year. Employees qualify for an FMLA leave if:
- They worked for a maximum of 1250 hours in the previous year
- The work at a station with more than 50 workers within a 75-mile radius
- They have worked for the organization for more than a year
When Can You Take a Leave?
Under the FMLA act, you can apply for an FMLA leave to:
- Bond with a new child
- Care for a family member that has suffered severe injury from active military duty
- Recover from a severe health illness
- Handle qualifying difficulties resulting from a sibling’s military service
- Care for a sibling with a severe health complication
How Long Should Your Leave Last?
New Jersey employees can take a leave of 26 weeks within a 12-month duration to care for a family member with injuries from military duty. But, the employee may not be eligible for another leave for the same reason within the same, unless another family member suffers an injury while on military duty or the same family member suffers an injury again while on active duty. Additionally, you can claim the entire 26 weeks at once or only use up some of your leave time.
New Jersey Family and Medical Leave Law
New Jersey employees have the right to leave for medical and family reasons and, sometimes, this time off must be paid. State laws require employers with more than 50 employees to allow them a leave of up to 12 weeks in a 2-year duration to:
- Care for a family member with a chronic health illness
- Care for an adopted or newly born child
Covid-19 and Disability Insurance
As a result of the Covid-19 pandemic, New Jersey has updated its existing laws to help ease the financial constraints and provide job protection to its employees. The state has also improved access to Temporary Disability Insurance Benefits (TDB) and Family Leave Insurance (FLI) for employees unable to work due to Covid-19 complications.
Talk to a New Jersey Employment Law Attorney
Under federal and state law in New Jersey, you are entitled to a Long Term Medical Leave under certain circumstances. If you are unsure of whether you qualify or feel that your employer is breaching your legal right, contact the New Jersey Employment Law Attorneys at the Law Offices of Usmaan Sleemi. We provide free and reliable consultation concerning medical or family leave regarding the NJFLA or FMLA act. Call us at (973) 453-4060 to set up a consultation.