Maternity Leave in NJ

mascioc2

Hi Ladies!

I plan talk to my boss about my pregnancy tomorrow.  Because news travels fast around here I'm going to speak with him before contacting my HR rep.

What is your experience with maternity leave in NJ, is it 12 weeks or 24 weeks? I've read conflicting articles and I'd like to have some background knowledge before working things out with our sub-par HR department.

Thanks!

mexicolombiana

First of all it depends on whether you are private or public employee and other factors.  

 

 

 See below: from this site: https://www.nationalpartnership.org/site/DocServer/Expecting_Better_Report.pdf?docID=10301

 

 

NEW JERSEY B+

Private Sector Workers

Paid Family and Medical Leave

Private sector workers are entitled to up to six weeks of paid family leave that can be used by either parent to care for a new child, including the child of a domestic partner. The state?s paid family leave law is an expansion of New Jersey?s Temporary Disability Insurance (TDI) program. The paid family leave program provides partial wage replacement for new parents and for family caregivers of a seriously ill family member. The program is funded through employee payroll contributions. The paid family leave law provides wage replacement only; it does not provide job protection for workers while they are on family leave.

In addition, New Jersey?s TDI program provides partial wage replacement to workers with a nonwork-related illness, injury or a medically disabling condition resulting from pregnancy or childbirth.

In essence, TDI functions as paid pregnancy disability leave for women preparing for or recovering from childbirth. The TDI program is funded jointly through employer and employee payroll contributions. Women who take TDI leave for a pregnancy-related disability are also eligible to take paid family leave; TDI leave and family leave must be taken sequentially rather than concurrently.

Although workers are eligible for up to 26 weeks of TDI leave, the typical duration of benefits for pregnancy disability leave is four weeks prior to a woman?s expected due date and six weeks after delivery.

Job-Protected Family Leave

Private sector workers have greater access to family leave under state law than under the federal FMLA. The New Jersey family leave law applies to employers with 50 or more employees nationwide;employees who have worked 1,000 hours over the preceding year are eligible for up to 12 weeks of leave in a 24-month period. The New Jersey law also defines family more broadly than the federal FMLA to include civil union partners.

However, unlike most other state laws and the federal FMLA, the New Jersey Family Leave Act does not include leave for a worker?s own illness; therefore, a birth mother does not have job-protected leave to recover from pregnancy, childbirth or related medical conditions.

State Workers

Paid Family and Medical Leave

Like private sector workers, state workers are entitled to six weeks of paid family leave that can be used by either parent.

However, female state workers are not necessarily entitled to paid pregnancy disability leave through New Jersey?s TDI program; state workers are only covered by TDI if the government entity they work for has elected to be a ?covered employer? and the worker has exhausted all accumulated sick leave.

Job-Protected Family Leave

Like private sector workers, state workers have greater access to family leave under state law than under the federal FMLA because New Jersey?s family leave law applies to employees who have worked at least 1,000 hours over the preceding year.

Flexible Use of Sick Leave

State workers who earn sick leave are entitled to use it for the care of a seriously ill child or family member, including a family member disabled by pregnancy.

 

 

More info here:

https://www.nj.gov/njparentlink/career/maternity/

 

https://www.nj.gov/oag/dcr/downloads/FamilyLeaveAct-Regulations%20.pdf  

megann831

for the 12 weeks after covered by FML, only the 1st 6 are paid.  I think employers can use it differently too.  In my school district I had to use all of my sick days before I could use my 6 weeks of paid FML, my friend in a different district on leave at the same time did not have to use all of her sick time.

monica92603

I live in NJ and am currently out on leave.

I took 4 weeks before my delivery and then delivered via repeat c/section so that was 8 weeks to recover.  That equalled my 12 weeks of FMLA.  I'm now in the 12 week part of the NJFLA which is for bonding.  So, like PP said, you can take the 4 weeks before but if you don't take it, you lose it.  W/ DD I took 20 weeks b/c I went into labor while I was in work so I worked up till I delivered and lost those 4 weeks.

It is NOT all paid so you should check w/ your HR about what your paid leave will be like.  I say that b/c I girl who works for my company was under the impression that she would get paid for the entire 24 weeks and I had to break the bad news to her.  She then couldn't take all the time b/c she couldn't afford to.  Also, you have to work for a company of 50 or more employees to qualify for FMLA.

skibunny59

megann831:

for the 12 weeks after covered by FML, only the 1st 6 are paid.  I think employers can use it differently too.  In my school district I had to use all of my sick days before I could use my 6 weeks of paid FML, my friend in a different district on leave at the same time did not have to use all of her sick time.

Just to clarify, the first 6 weeks of the 12 weeks for Family leave are paid by the government NOT by your employer.  You have to apply to receive family leave insurance benefits.  They pay you 2/3 of your salary.  The next 6 are not paid but your employer has to hold your job and continue to pay your health benefits.  

In my school district they didn't allow you to use all of your sick time.  Sick time could only be used for the time that you are considered disabled (4 weeks before birth and 6 weeks after for vaginal, 8 weeks for c section).