May 2016 Moms

NJ maternity leave

I tried searching through some of the maternity leave threads for something about new jersey but couldn't find anything. I'm hearing two different things about how much job protection we get. One is saying that we get FMLA plus another 12 weeks with the NJ family leave act. The other is saying that we only get 12 weeks because it's either one or the other. Anyone research this further, know anyone who has experience with this, or any STMS who live in NJ know? 

Re: NJ maternity leave

  • It would probably be a good idea to just speak to your HR department as they should have all this information.
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  • MsBeachNJMsBeachNJ member
    edited March 2016
    Lurking from June but I work in HR in NJ.

    Fmla = 12 weeks, it can start prior to the baby is born if you go out early etc. NJFLA kicks in once the baby has been born & you are cleared from disability - usually at 6-8 weeks post birth of the baby. It is an additional 12 weeks of bonding/care taking time that can run concurrent with FMLA once you're cleared of your disability bc it's intended for the care of the child. So essentially if you go out 4 weeks prior to the birth, and are cleared 8 weeks post birth from your doctor, you can take another 12 weeks for a total of 24 weeks instead of the 12 FMLA. Hope that helps! 

    *edited as my #s were off initially, this article should help! 

    https://www.theemployerhandbook.com/2011/07/demystifying-federal-and-new-j.html
    TTM - EDD 4/23 - Team Green <3 
  • I live in NJ & this is my rough understanding/assumptions based on my own upcoming leave.

    With FMLA you can take up to 4 weeks before (assuming your Dr is on board) and then either 6w (vaginal) or 8w (c-section) weeks after you deliver. Once FMLA is up you would start using the NJ leave. When you apply I think you can use the date that you want the NJ leave to start which doesn't necessarily have to be your delivery date. So if your time on FMLA is paid through your company then you would apply for the NJ leave for when your FMLA time is over. The first 6 weeks of the NJ leave is paid so I am thinking if someone works somewhere that doesn't offer pay while on leave they may chose to use the NJ leave right away so they have some pay, this would end up with both leaves running concurrently. 

    Also the state leave is about a month behind in paying, it takes about 3-4 weeks to get the leave approved and then another week or so before you will receive your first payment which is only 66% up to $615ish. So be prepared for a delay if you chose to use it.

    Definitely check with HR Partner they will be able to give you all the details :)
  • MsBeachNJMsBeachNJ member
    edited March 2016
    Also adding, if you don't go out in advance of the birth, and work until delivery, you'll be cleared disability at 6-8 weeks, and then can take 12 weeks after that for NJFLA, so your total would be 18-20 weeks instead of 24 as some of your FMLA would run concurrent with NjFLA. 
    TTM - EDD 4/23 - Team Green <3 
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