New Jersey Administrative Code › Title 4A - CIVIL SERVICE › Chapter 6 - LEAVES, HOURS OF WORK, AND EMPLOYEE DEVELOPMENT › Subchapter 1 - LEAVES OF ABSENCE › Section 4A:6-1.21A - State family leave

Current through Register Vol. 56, No. 14, July 15, 2024
(a) This section describes leaves for which employees in State and local service may be eligible, pursuant to the Family Leave Act, L.1989, c.261. The Division on Civil Rights, Department of Law and Public Safety, has promulgated rules to implement and enforce the Family Leave Act. See N.J.A.C. 13:14.
(b) The following definitions are used in this section:
1. "Child" means a biological, adopted, or foster child, stepchild, legal ward, or child of a parent who is under 18 years of age or 18 years of age or older but incapable of self-care because of a mental or physical impairment.
2. "Employ" means to suffer or permit to work for compensation and includes ongoing, contractual relationships in which the employer retains substantial direct or indirect control over the employee's employment opportunities or terms and conditions of employment.
3. "Employee" means a person who is employed for at least 12 months by an employer, with respect to whom benefits are sought under the Family Leave Act, P.L. 1989 c.261, for not less than 1,000 base hours during the immediately preceding 12-month period, and includes employees in the career, senior executive and unclassified services.
4. "Employer" means a legal entity which engages the services of an employee and which from May 4, 1990 to May 3, 1991, employed 100 or more persons; from May 4, 1991 to May 3, 1993, employed 75 or more persons; and from May 4, 1993 and thereafter employed 50 or more persons.
i. In State service, "employer" refers to the State of New Jersey. In local service, "employer" refers to the political subdivision or autonomous public officer, board or body.
5. "Employment benefits" means all benefits and policies provided or made available to employees by an employer, and includes group life insurance, health insurance, disability insurance, sick leave, annual leave, pensions, or other similar benefits.
6. "Family leave" means leave from employment so that the employee may provide care made necessary by reason of:
i. The birth of a child of the employee;
ii. The placement for adoption of a child with the employee; or
iii. The serious health condition of a family member of the employee.
7. "Family member" means a child, parent, or spouse.
8. "Intermittent leave" means a non-consecutive leave comprised of intervals, each of which is at least one but less than 12 workweeks within a consecutive 12-month period.
9. "Parent" means a person who is the biological parent, adoptive parent, foster parent, step-parent, parent-in-law or legal guardian, having a "parent-child relationship" with a child as defined by law, or having sole or joint legal or physical custody, guardianship, or visitation with a child.
10. "Reduced leave" means a non-consecutive leave of up to the equivalent of 12 workweeks which is taken in increments of not less than one workday, but not more than one workweek at a time.
11. "Reduced leave schedule" means a reduced leave that is scheduled for not more than 24 consecutive weeks.
12. "Serious health condition" means an illness, injury, impairment, or physical or mental condition which requires:
i. Inpatient care in a hospital, hospice, or residential medical care facility; or
ii. Continuing medical treatment or continuing supervision by a health care provider.