Employment Law

Paid Family Leave Care vs. Bonding

By August 3rd, 2021 No Comments
father & baby sleeping

Everyone needs time off from work when they have a new child in the family, either through birth or adoption. Both mothers and fathers qualify for a job-protected time off if they decide that they need some time to bond with the child at home.

However, this will not always come easy as employers can give you a hard time by denying you or retaliating when you take time off. If this happens to you, call our experienced New Jersey employment law attorneys to protect your rights. Below are more details about paid family leave care and bonding: 

What is paid family leave care? 

Paid family leave care applies when a member of your family is suffering from a severe medical condition that requires attention. You will take time off work for up to eight weeks period to take care of them until they feel better or the time elapses.

A Family and Medical Leave Act also grants you an opportunity to take up to three months period take care of your own medical condition or that of a close family member, but you do not receive payment during the time you are off from work. A paid family leave assures you of partial or complete income replacement. 

A family member could be close relatives such as your spouse, domestic partner, or your children. It could also be the parent-in-law, grandchildren, grandparent, or any other relative. You will have job protection during the entire time you do not go to work. 

What is bonding? 

Bonding falls under the paid family leave and the FMLA, where the father or mother takes some time off to take care of their new family member. There are three instances where you qualify to get a job-protected bonding leave: 

  • Newborn child: You can get time off as a parent of either sex during the first 12 months from the time of their birth. You should note that this is not available during prenatal conditions. Additionally, parents who work for the same employer may take time off together unless the rules object. 
  • Adopted child: Just like a newborn child, a parent of either sex can take time off within the first 12 months since the child was adopted to bond. If you need time off to finalize the adoption process, the employer can grant you the opportunity provided you show the necessary documentation. 
  • Foster child: The conditions for a foster care child match those of a newborn and an adopted child. You take time off within the first 12 months of the child’s placement. Suppose you must be physically present before the placement is finalized or have received a notification for pending placement. In that case, the employer can grant you time off on a paid family leave. 

Protecting your rights

If the employer denies you time off from work, terminates your employment, or forces you to use your regular paid time off, you should contact an attorney immediately for assistance. You are protected by federal law against such acts by the employer. Call our New Jersey employment law attorneys at 973-354-2931. 

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