New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 1 - LEAVES OF ABSENCE › Appendix - APPENDIX

Current through Register Vol. 56, No. 14, July 15, 2024
APPENDIX
Major Provisions of Federal and State
Family and Medical Leave Laws
Federal
New Jersey
Issues
Enforced by
Enforced by
Most
U.S. Dept.
Division
Favorable to
of Labor
on Civil Rights,
Employees
Dept. of Law and
Public Safety
Employers
Employers of 50 or
Similar
Comparable
Covered
more employees in
at least 20 weeks
of the current or
preceding year
Employees
Have worked for
Have worked
New Jersey
Eligible
employer
for
at least 1,250
employer at least
hours in preceding
1,000 hours in
12 months and
preceding 12
employed for
months and
at least
employed for at
12 months; and
least
employed
12 months
at worksite by
employer
with 50 or more
employees
within 75 miles of
that worksite
Amount of
12 weeks during a
12 weeks during a
Federal,
Leave
12-month period
24-month period
except for
Leave for birth,
No reduction in
leave sharing
adoption, or to
leave
requirement
care for
requirement for
for spouses
sick parent
spouses working
must be shared by
for same employer
spouses working
for same employer
Type of
Birth,
Birth or adoption,
Federal for
Leave
adoption or
serious health
coverage of
foster care;
condition
employee's own
to care for
of parent, parent
serious health
parent, child
of spouse, child
condition
or spouse with
or spouse
New Jersey
serious health
for coverage
condition,
of inlaws
or employee's own
serious health
condition
Serious
Means illness,
Means illness,
Comparable
Health
injury, impairment,
injury,
Condition
or physical
impairment, or
or mental
physical or
condition involving
mental condition
incapacity or
which requires
treatment connected
inpatient care
with inpatient care
in a hospital,
in hospital, hospice,
hospice or residential
or residential
medical treatment or
medical-care
continuing supervision
facility; or
by a health
continuing treatment
care provider
by a health
care provider involving:
(1) incapacity or
absence of more
than 3 days
from work,
school or other
activities; (2)
chronic or long-term
condition incurable
or so serious if
not treated would
result in incapacity
of more than
3 days; or
(3) prenatal care.
Health
Means doctors
Means any person
Federal
Care
of medicine
licensed under
Provider
or osteopathy
Federal,
authorized to
State or local
practice medicine
law, or
or surgery
the laws
in the State;
of a foreign
podiatrists,
nation, to
dentists,
provide health
clinical psychologists,
services,
optometrists,
or any other
chiropractors (for
person who has
manual manipulation
been authorized to
of spine to
provide health care
correct subluxation
by a licensed
demonstrated by
health care
Xray), nurse
provider
practitioners,
and nurse-midwives,
if authorized
to practice
under State law;
or, Christian
Science practitioners
listed with the
First Church of
Christ, Scientist
in Boston,
Massachusetts
Intermittent
Not
Federal in
Leave
Permitted
permitted unless
cases of
for serious
employer
serious
health condition
and
health
when medically
employee agree
condition
necessary. Not
permitted for birth
or adoption unless
employer agrees
Substitution
Employee may
Similar, but
New Jersey
of
elect or
an employer
Paid Leave
employer may
may
require accrued
only require
paid leave
an employee
to be
to exhaust
substituted in
paid leave
some cases.
while on
No limits on
family leave
substituting paid
if this policy
vacation or
is already
personal leave.
in place
Employee may
for other,
not substitute
unpaid leaves
paid sick,
of absence.
medical, or
family leave for
any situation not
covered by employer's
leave plan.
Reinstatement
Must be restored to
Similar
Comparable
Rights
same or equivalent
position
in all terms
and conditions
Key
Exempts salaried
Exempts highest
New Jersey
Employee
employees if
paid five
in most
Exception
among highest
percent of
cases
paid 10
employees or
percent and
one of
if restoration
the seven
would cause
highest paid
grievous economic
employees,
harm to employer
whichever is
greater,
if restoration
would lead
to substantial
economic injury
to employer.
Maintenance
Health insurance
Similar provision
Federal
or Health
must be
in New Jersey
Benefits
continued under
has been
During
same
held to
Leave
conditions as
be preempted
prior to leave
by ERISA
in an April 1,
1991 Superior
Court of
New Jersey
ruling.
Leave
Made by
Made by
Comparable
Requests
employee
employee 30
for
30 days in
days in
birth or
advance or as
advance or
adoption
soon as
as soon
New Jersey
practicable
as practicable
for serious
for birth
health
or adoption,
condition
15 days in
advance or as
soon as
practicable for
serious health
condition.
Medical
Request for
Similar for
Federal
Certification
leave because
serious health
Not Applicable
May Be
of serious
condition of
Required By
health condition
family member.
Employer To
Certification may
Support:
also be
required for
the birth
or placement
of a child.
Employee's fitness to
Not applicable,
return to work from
law does not
medical leave
provide leave for
employee's own
serious health
condition.
Executive,
Salaried executive,
Unpaid leave
Comparable
Administrative
administrative,
would not
and
and professional
result in
Professional
employees of
loss of
Employees
covered employers
exempt status
who meet
under State
the Fair
minimum wage
Labor Standards
and overtime
Act (FLSA)
law
criteria for
exemption from
minimum wage
and overtime
under Regulations,
29 CFR Part
541, do
not lose
their FLSA exempt
status by using
any unpaid
FMLA leave.
This special
exception to
the "salary
basis" requirements
for FLSA's
exemption
extends only
to "eligible"
employees' use
of leave
required by
FLMA.