The federal Family & Medical Leave Act (FMLA) was enacted so that employees could take “job-protected” time off to care for a family member or themselves. That means if they are eligible to use this leave, they are generally entitled to return to their job or an “equivalent” one with the same salary and benefits. Further, any group health plan benefits that they already utilize must continue during their leave.
The FMLA protects qualifying employees from discrimination and retaliation for taking time off as allowed by the law. According to the U.S. Department of Labor (DOL), that includes things like “writing up the employee for missing work when using FMLA leave, denying a promotion because the employee has used FMLA leave, or assessing negative attendance points for FMLA leave use.”
Who qualifies to receive FMLA leave?
While the FMLA covers many Americans, not everyone is covered by this law. To qualify for benefits under the FMLA, and employee must:
- Work for a private employer who has at least 50 employees (or for a public or educational agency with any number or employees
- Have been with the employer for a minimum of 12 months and worked at least 1,250 hours during that time
These qualifying employees can take up to 12 weeks of leave over a 12-month period if they have a medical need or to care for a child, spouse or parent with a serious medical condition. It can also be used if an employee welcomes a new child to the family or are grappling with other significant, qualifying circumstances.
How does the NJFLA compare with the FMLA?
Many states, including New Jersey, have their own version of a family leave act. The New Jersey Family Leave Act (NJFLA) has slightly different restrictions in some areas:
- It requires any employer with at least 30 employees to offer protection.
- An employee must have worked 1,000 hours in the past 12 months to qualify.
- An employee can take 12 months of leave in a 24-month period.
The key difference, however, is that the NJFLA can’t be used for an employee’s own medical leave – only to care for someone else in their family.
What’s important is that employees know their rights to take a leave from work to care for themselves or a loved one, and that they be able to knowledgeably assert those rights if necessary. Having legal guidance can help.
