New Jersey FMLA Lawyers

Frequently Asked Questions About The NJ FMLA

Understanding NJ employment laws isn’t always easy. Our clients often do their research, only to become even more confused. Here are a few basic answers to your common questions.

Am I covered under the New Jersey Family Leave Act?

The NJ FMLA applies to all public- and private-sector employers with 50 or more employees. The employees at your company do not need to work at the exact location, or even in New Jersey. An NJFMLA-eligible employee has worked 1,000 hours or more (including overtime) during the preceding 12 months.

For how long can I take family leave?

Family leave may be taken for up to 12 weeks within any 24-month period. It may be paid, unpaid, or a combination of paid and unpaid.

What are you entitled to when you return to work?

During your period of absence, your employer is required to maintain your medical coverage. When you come back to work, you are entitled to your job back, or a similar position.

Can an employer require proof of eligibility as a condition of leave?

Yes, your employer might require you to provide a doctor’s note or other such documentation. Proof of certification or eligibility is up to your employer’s discretion.

What notice has to be given to the employer?

If you are taking leave for the birth or adoption of a child, you must give your employer 30 days-notice. If the leave is for a serious health condition of a parent, child or spouse, notice must be given 15 days in advance or as soon as possible. They may require you to give written notice.