Family Medical Leave Act (FMLA) & The New Jersey Family Leave Act (NJFLA)
FAMILY MEDICAL LEAVE ACT (FMLA)
In accordance with the 1993 Family Medical Leave Act, The Union Township Board of Education allows eligible employees to take 12 weeks of unpaid job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. The 12 weeks are per calendar year, and do not have to be taken consecutively (FMLA can be taken on an Intermittent basis) Twelve workweeks of leave in a 12-month period for:
- the birth of a child and to care for the newborn child within one year of birth;
- the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
- to care for the employee's spouse, child, or parent who has a serious health condition;
- a serious health condition that makes the employee unable to perform the essential functions of his or her job;
- any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty;" or
- Twenty-six workweeks of leave during a single 12-month period to care for a covered service-member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave).
Eligible Employees: Employees are eligible if they have worked for a covered employer, with at least 50 employees, for at least one year and for at least 1,250 hours over the previous 12 months.
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NEW JERSEY FAMILY LEAVE ACT (NJFLA)
The New Jersey Family Leave Act (NJFLA) offers covered employees up to 12 weeks in a 24 month period of unpaid, job-protected leave for certain family and medical related reasons:
- To care for or bond with a child, as long as the leave begins within 1 year of the child's birth or placement for adoption or foster care;
- To care for a family member, or someone who is the equivalent of family, with a serious health condition (including a diagnosis of COVID-19), or who has been isolated or quarantined because of suspected exposure to a communicable disease (including COVID-19) during a state of emergency; or . To provide required care or treatment for a child during a state of emergency if their school or place of care is closed by order of a public official due to an epidemic of a communicable disease (including COVID-19) or other public health emergency.
Eligible Employees: Employees are eligible if they have worked for a covered employer, with at least 50 employees, for at least one year and for at least 1,000 hours for NJFLA over the previous 12 months.
If you are eligible for leave for reasons provided under the FMLA and NJFLA, then the time taken shall be concurrent and be applied to both laws. Under both NJFLA and FMLA, you can take a consecutive block of up to 12 weeks of leave or you can take leave on an intermittent or reduced schedule.
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FAMILY LEAVE INSURANCE (FLI)
Under the Family Leave Insurance provision of the New Jersey Temporary Disability Benefits Law, cash benefits may be payable for up to twelve (12) weeks to bond with a newborn or newly adopted child or to provide care for a seriously ill family member.
- Bond with a child during the first 12 months after the child's birth, if the covered individual or the domestic partner or civil union partner of the covered individual, is a biological parent of the child, or the first 12 months after the placement of the child for adoption with the covered individual.
- Care for a family member with a serious health condition supported by a certification provided by a health care provider. Claims may be filed for six consecutive weeks, for intermittent weeks or for 42 intermittent days during a 12-month period beginning with the first date of the claim.
Child means a biological, adopted, or foster child, stepchild or legal ward of a covered individual, child of a domestic partner of the covered individual, or child of a civil union partner of the covered individual, who is less than 19 years of age or is 19 of age or older but incapable of self-care because of mental or physical impairment.
EFFECTIVE JULY 1, 2020
INCREASED WEEKLY BENEFIT RATE AND DURATION Maximum payable: $881/week Continuous leave: 12 consecutive weeks Non-continuous leave: 56 separate days.
Please note, NJFLI is not leave entitlement only a monetary benefit through state of New Jersey.
For further details on changes to program please visit: https://myleavebenefits.nj.gov/labor/myleavebenefits/assets/pdfs/TDI-FLI_timeline.pdf
For further details please visit =:https://myleavebenefits.nj.gov/labor/myleavebenefits/
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ADDITIONAL REFERENCES AND RESOURCES FMLA AND NJFLA
The direct source of FMLA and NJFLA information below is courtesy of the United States Department of Labor website.
https://www.dol.gov/general/topic/benefits-leave/fmla
Click Important Notices for Review:
- Certification of Health Care Provider for U.S. Department of Labor Employee's Serious Health Condition (Family and Medical Leave Act) Form WH-380-You must request this form the Personnel Department as there is a section the employer must complete prior.
For additional information contact the Personnel Department or visit: