According to the law, eligible workers are entitled to time away from work to care for a sick family member. The law also requires these workers to be paid during the period they will be away. Therefore, they do not have to forego care to their loved ones due to economic difficulties. On the other hand, you are also entitled to paid time off from work to bond with your newborn within 12 months from the time of birth. Consult New Jersey employment law attorneys if you feel that you have wrongfully been denied any of the two leaves. Here is more information on the main differences:
What Is A Paid Family Leave?
The federal Family and Medical Leave Act (FMLA) provides legal protection to employees who need more time away from work because they have a severe illness, have adopted a child, or have given birth to a newborn baby. This leave can take up to 12 months, but it is not paid. It is different from the paid family leave that provides similar protection, but the worker is paid. The employer must be specific to which leave you are taking or run them concurrently. Guidelines of paid family leave include:
- You qualify for one after you work for 26 consecutive weeks with 20 hours or more each week.
- You cannot use it for your health condition, but you can use it to look after a child, whatever the age.
- You should not use paid time off if you are still on paid family leave.
What Is A Bonding Leave?
You have 12 weeks after the birth of your child to take a bonding. You have to remember that you can only begin your leave after birth but not for prenatal conditions. Additionally, you may take time from work as a couple, even if you are working for the same employer. However, if the contract forbids it, you are not eligible. The employer’s insurance carrier will be liable to pay our benefits during a paid leave.
Who Is Eligible?
Employers with more than five workers are required to provide about four months of pregnancy disability leave (PDL) if one of their workers gets disabled during pregnancy or childbirth. The federal Family and Medical Leave Act (FMLA) provides baby-bonding leaves for mothers who have newborn babies at home. When offering you a family leave, they will consider the number of hours you have worked. Workers who want to take care of a close family member or a newborn infant are automatically eligible for either of the leaves.
The law restricts employers from terminating contracts unlawfully if a worker is on family or medical leave. Your position should remain open if you are eligible for FMLA. You have the right to file a lawsuit if you feel your employer has denied you leave or they have improperly terminated your job when on leave. Use an attorney to represent you if you want to be sure of success. Call the law offices of Usmaan Sleemi at 973-543-4060 for a free consultation.
