Employment Law

Medical Leave Vs FMLA

New Jersey employers are required to follow the Family and Medical Leave Act (FMLA). This is a federal provision that allows eligible employees to receive up to 12 weeks of unpaid leave for certain reasons. While the employee is on leave, their position remains unthreatened.

The state also allows employees to take time off work for medical or family reasons, otherwise called a medical leave. If both laws apply to your situation, you can use the most beneficial provisions. However, medical leave vs FMLA differs from each other in some fundamental ways.

Has your employer fired or punished you for taking advantage of the FMLA or medical leave provision? An employment attorney at the Law Offices of Usmaan Sleemi can help you.

 

What Is FMLA?

Family and Medical Leave Act (FMLA) is a federal provision for employees in the country. Under the act, eligible employees can take up to 12 months off work within 12 months. When an employee completes an FMLA leave, they have the right to be reinstated to their previous job. They are also protected from punishment or retaliation for taking the leave.

 

New Jersey Family and Medical Leave

Employees in New Jersey can also take time from work for medical or family reasons under the New Jersey Family and Medical Leave. Sometimes, this leave is paid. It can last up to 12 weeks but must be taken in 24 months.

 

Difference Between FMLA and New Jersey Family and Medical Leave

The FMLA is a federal provision. The New Jersey Family and Medical Leave is regulated by the state. Depending on where you work, you could be eligible for either or both. Other differences between the two leave provisions include:

 

Provisions

If you qualify for leave under the FMLA, you can take leave to:

  • Give birth to and care for a newborn child
  • Care for new foster or recently adopted child
  • Care for a child, spouse, or parent with a serious health condition
  • Recover from a serious health condition
  • Care for a family member injured while on active duty in the military.

 

Leave under the New Jersey Medical Leave Act can be taken to:

  • Give birth to and care for a newborn child.
  • Care for new foster or recently adopted child
  • Care for a child, spouse, or parent with a serious health condition

However, you cannot take a medical leave to tend to your own health condition. There are also no provisions for having a family member on active military duty.

 

Length of Leave

The FMLA allows a 12-week leave in 12 months. This can be taken at once or intermittently. On the other hand, the NJFLA allows a 12-week leave in 24 months.

 

Talk to a NJ Employment Attorney

Your right to take time off work is defined and protected by several acts in New Jersey. If your employer overlooks these rights, you should talk to an employment attorney. You might be entitled to a court order requiring you to be granted a leave, reinstated to your position, or paid financial damages.

The Law Office of Usmaan Sleemi is dedicated to protecting the rights of employees in New Jersey. If you have been treated unfairly at work or have questions concerning medical leave vs FMLA, contact us at (973) 354-2788 to find out how we can help you.

 

References

https://www.hg.org/legal-articles/new-jersey-nj-employment-law-understanding-the-interaction-between-the-fmla-and-the-fla-24167