Family Leave Act in NJ

cburke81xo · September 2011

Just wondering if anyone knows anthing about this for New Jersey. I was reading up on it and wanted to see if I am understanding this correctly. If you don't work at a business with 50 or more employees that you do not qualify?? Does that sounds right? I work for a family business and there are only 4 of us here. We don't have an HR department to go to to ask questions lol! But if I am reading that right then I can't get FMLA but can apply for temporary disability???

kmhunt11 · September 2011

Not from NJ, but sounds right for FMLA

cburke81xo · September 2011

kmhunt11:
Not from NJ, but sounds right for FMLA

Thanks. I was not sure of it varied from state to state.

MelBell829 · September 2011

I think that if there are less than 50 employees, the company doesn't have to provide the benefits of the FMLA but they can. I guess the logic behind it is that a company with a small amount of employees may not be able to hold the position for someone out on maternity leave since there are a lot less people to take over the responsibilities.

FMLA just means they have to hold your position for up to 12 weeks. Even as an employee eligible for FMLA, I still have to use my short term disability if I want to be paid during my time out.

99luftballoons · September 2011

I'm not sure, but the local northern NJ nest board is super active, I would ask the women there, they will know.

bingham101 · September 2011

I work for a small business and your right. Companies with less than X amount of employees not sure what it is for NJ, FMLA is 75 I beleive they do not have to give you time off and guarantee you can come back to your same job and wages. Now if you work for a good company I would think they would still give you the time off. It may all be unpaid depending on the benefits you have. For instance if you have short term disability it may pay some. My boss has about 6 employees and only 2 of us are full time. So he is letting my roll over some of my vacation, so I am going to take 3 weeks off paid, 3 weeks off unpaid then probably work PT for 3 weeks then return to full time.

cburke81xo · September 2011

Oh ok...that would make sense lol! For some reason I was thining you get paid leave under FMLA. I thought man I would love to take 3 months worth of paid leave lol!

cburke81xo · September 2011

Oh ok...that would make sense lol! For some reason I was thinking you get paid leave under FMLA. I thought man I would love to take 3 months worth of paid leave lol!

shanad · September 2011

You are correct. My old job only had 10 employees in the state of NJ, even though it was a national company with 100's of employees. If you qualify for NJFMLA, you would see it taken out of your pay stub.

You probably don't qualify for federal FMLA either (but I'm not sure) if your company is less than 50 employees. As long as you pay into short term disability at your job, it will pay you for 6 weeks vag delivery 8 weeks c/s.

Good luck, I know what it is like to work for a small company, it has its advantages and disadvantages at times.

cburke81xo · September 2011

shanad:

You are correct. My old job only had 10 employees in the state of NJ, even though it was a national company with 100's of employees. If you qualify for NJFMLA, you would see it taken out of your pay stub.

You probably don't qualify for federal FMLA either (but I'm not sure) if your company is less than 50 employees. As long as you pay into short term disability at your job, it will pay you for 6 weeks vag delivery 8 weeks c/s.

Good luck, I know what it is like to work for a small company, it has its advantages and disadvantages at times.

Yeah I work for a family business and there is only 4 of us here so I am pretty sure I don't qualify lol! Looks like I 6 weeks it is then!

cburke81xo · September 2011

Thanks for everyone's response and helping me clear this up!

shanad · September 2011

For those in NJ that work at a larger company, NJFMLA is different from federal FMLA, you get paid up to 2/3rd of your pay at max $502 a week for up to 12 weeks. It runs at the same time as short term disability though. It can not be stacked, meaning you can't take 6 week STD and then 12 weeks NJFMLA. At most, you can take 12 weeks.

https://lwd.dol.state.nj.us/labor/tdi/worker/state/sp_pregnancy.html

Ask HR or other friends that have had babies, or co-workers, they can be valuable resources.

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Family Leave Act in NJ

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