NJ MATERNITY LEAVE!!???!! HELP!
sarbieb
member
HELP!
I've been working at my currenrt job for over one year and therefore eligible for 12 weeks FMLA, which I understand to be unpaid. I also understand I'm eligible for 4 weeks before and 6 weeks after the baby is born to recieve 2/3 paid leave through NJ disability. Do these two programs run concurrent to each other? Or do you only take FMLA after exhausting disability? I was also told about Family Leave Insurance (FLI) which is a newer benefit that also pays 2/3 your pay but I'm not sure for how long and if this is something you use in addition to disability or after finishing disability?? I've been told in order toget NJ disability you also have to first exhaust all of your sick time.
Can anyone with any knowledge of NJ maternity leave shed some light on this for me? My company is out of Wisconsin and I feel like my HR knows nothing and is not willing to get me all the answers in an effort to have me return sooner than neccesary. Any help would be greatly appreciated! I just want to get the most paid time off possible without losing my job security!
Thanks!!
Re: NJ MATERNITY LEAVE!!???!! HELP!
1. Job Protection while you are out of the office
The FMLA (Federal Law) would offer you 12 weeks of job protection starting on the first day you are out of the office.
The NJ FLA (state law) would offer you 12 weeks of job protection starting when you are no longer considered disabled and are caring for your newborn (generally this would be 6 weeks post delivery for vaginal birth and 8 weeks post delivery for caesarean birth).
The two laws may run concurrently for a period of time in the middle of your leave.
Neither of these two laws have anything to do with payment when you are on a leave of absence.
2. How you will be paid while out of the office
Regular sick time can only be used during the period of your disability (4 weeks pre delivery and 6 or 8 weeks post delivery). Another option would be to apply for disability benefits during this period.
After you are no longer disabled and are caring for your newborn, you may use accrued sick time and vacation time. You may also apply for NJ Paid Leave Insurance benefits (may apply for these benefits for up to 6 weeks).
https://lwd.dol.state.nj.us/labor/forms_pdfs/tdi/fli_poster.pdf
For example, I am using paid time off all of this month....sick and vacation time. Once I have the baby, I will claim disability. Depending on my delivery, I will have 6-8 weeks of partial pay through NJ. Then I will take NJ Family insurance for another six weeks of partial pay.
Then I am taking a few days of vacation time....and the last week or so of my leave will be unpaid (job protected by FMLA but totally unpaid).
Hope that helps.
This is the timeline for how it works at my job. The paid FLI kicks in after the 8th week of my disability. The Paid portion on FLI is only for 6 weeks.
Maybe you can use something similar to see if that is how your job does it too.
This is based on my July 22 due date
~Declare it..Claim it..It will be!!~
5/9/09
Here We Go Again!!
Ok so you dont have it quite right.
this is the best website to understand NJ benefits. https://www.growingfamilybenefits.com/new_jersey_short_term_disability
We are entiltled to 4 weeks to prepare for the baby, 6-8weeks to have the baby and than an additional 6 weeks to care for the baby all paid by disability 2/3rds your pay. FMLA only covers you to hold your job for 12weeks. your disability does not kick in for a week so you need to take vaca or sick time prior to disability kicking in. the 6 weeks after baby is born is a new feature. NJ also has some of the best benefits when it comes to maternity.
so just to clarify what I am saying 4 weeks before is paid and covered by NJ short term disability
6-8 weeks for your deilvery is paid by NJ short term disability-if you have complications with your delivery in anyway (ie post partum depression) you would contiue to receive short term disaility paid leave even if it exceeds the 6-8 weeks
6 weeks bonding is paid for my NJ paid family leave and taken after your short term disability is up.
If you exceed the 12 weeks your job might not be there so talk with your employer
This only applies though if you employer is 50 employees or more so it could very well be different for some others.
I have researched this extensivly. In NJFLA can not run concurrently with disability, therefore your job can be protected for longer than 12 weeks when you combine the (federal) FMLA with the NJFLA..
NJFLA is to care for a family member ONLY.
FMLA is to care for yourself or a family member.
It works like this. In a standard pregnancy you are on disability 4 weeks before and 6 weeks after (for a vaginal birth c-sect is 8 weeks but I'm using 6weeks for this example).
So while you are on disability you will get paid 2/3 pay after you use your sick/vacation days. Those 10 weeks of disability count against your FMLA. Once your disability is over you still have 2 weeks of FMLA which will run concurrently with the NJFLA (12 Weeks) which kicks in once disability is over.( the first 6 weeks of NJFLA is also paid at 2/3 pay) So with a typical vaginal birth you get a total of 22Weeks protected All but the last 6 of those weeks is partially paid. If your job (other than teaching, a municipal job, or under 50 employees) tells you differently call the dept of labor.
Note: If you get 8 weeks of disability after the birth (typically for a c-section) you would have 24 weeks protected.
For teachers you have to pay into the Prudential Disability through NJEA. That gives you paid 6 weeks.
However, there is the NJ Family Leave (paid)
https://lwd.state.nj.us/labor/forms_pdfs/tdi/fl1.pdf