New Jersey Babies

NJ State FMLA

Hi ladies!

Hoping someone can help me as I am extremely confused.

According to my HR, I get 6-8 weeks (depending on natural or C section) of state disability after the birth of my LO.

Then I get an additional 12 weeks FMLA leave (unpaid)

Then I am eligible for an additonal 6 weeks NJ Paid Family Leave after those 12 weeks.

Do I have to exhaust the full 12 weeks unpaid before I can take my 6 paid weeks? Or can I take 6 weeks unpaid, waive the other 6 and then take the 6 paid?

Re: NJ State FMLA

  • wini77wini77 member

    I don't think you have to take the 12 weeks of unpaid FMLA leave if you don't want to.  I think that just means you can take up to 12 weeks - if you want - without losing your job.

    As for the NJ state disability and family leave, you should check out NJ Department of Labor website for more info - here's a link to the Family Leave page:  https://lwd.dol.state.nj.us/labor/fli/content/program_info_menu.html

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  • You definitely don't HAVE to take the full 12 weeks of FMLA unpaid.  I took maternity leave from my company for 8 weeks (c-section), then applied for FMLA and the NJ FLIA (the 6 weeks that are paid).  THe FLIA sort of rides on top of the FMLA.  So, once your 6 weeks of pay are done, you can still take an additional 6 weeks UNPAID, if you choose to.

    Hope that made sense :)

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  • I was just checking this board to hopefully get some answers about all of this too. I'm 14 weeks pregnant and have worked for a company full-time for the past 5 years and they have less than 50 employees.  Does this impact the NJ FLIA (the 6 weeks that are paid)?  Or does the 50 employees stipulation only affect the 12 week FMLA?

     Thanks! 

  • NJ FLIA overlaps with fmla allowing you to have 6 weeks of partial pay. you  qualify for FLIA ( a deduction from your pay check)  without qualifying for fmla. Fmla is only job protection so if you  don't qualify and take the additional 6 weeks then your employer doesn't have to guarantee your position when you  return.

    check out the website pp mentioned. you  don't have to take all 6 weeks at once and you  can receive benefits if you  work part time. 

    hth

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