The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. The New Jersey Family Leave Act (NJFLA) is a state law that provides eligible employees with up to six months of unpaid, job-protected leave each year for qualifying family and medical reasons. While both laws provide employees with leave time, there are some key differences between them. This blog post will outline the main differences between FMLA and NJFLA.
What is FMLA?
FMLA stands for Family and Medical Leave Act. It is a US federal law that provides employees with up to 12 weeks of unpaid leave per year for certain medical and family reasons. These include the birth or adoption of a child, the serious illness of a family member, or the employee’s own serious health condition. FMLA also provides protection for employees who need to take time off to care for a family member with a serious health condition. Employees are eligible for FMLA leave if they have been employed at their company for at least 12 months and have worked at least 1,250 hours in the 12 months prior to taking leave. To request FMLA leave, employees must provide their employer with advance notice of their intention to take leave and meet certain other requirements. If an employee does not meet the eligibility requirements for FMLA leave, their employer may still allow them to take unpaid leave for medical or family reasons. However, the employer is not required to do so.
What is NJFLA?
NJFLA is the New Jersey Family Leave Act. NJFLA medical leave allows an employee to take up to six weeks of unpaid leave in a 12-month period for the purpose of caring for a sick family member. NJFLA medical leave can be taken for a spouse, domestic partner, child, parent, or grandparent. To be eligible for NJFLA medical leave, an employee must have worked for their employer for at least 12 months and have worked at least 1,000 hours during that time. NJFLA leave is unpaid, but employees may use their accumulated sick leave or vacation time during NJFLA leave. NJFLA medical leave is distinct from NJFLI, which is the New Jersey Family Leave Insurance program. NJFLI provides paid leave for employees who need to care for a sick family member. Employees who are eligible for NJFLI can receive up to six weeks of paid leave in a 12-month period. To be eligible for NJFLI, employees must have worked for their employer for at least 20 weeks and have earnings of at least $170 per week. Employees who are not eligible for NJFLI may still be eligible for NJFLA medical leave.
Difference between FMLA and NJFLA
The Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) are two similar but distinct laws that provide employees with job-protected leave for certain family and medical reasons. Both laws allow employees to take up to 12 weeks of leave in a 12-month period, but the NJFLA provides additional protections for employees who work in companies with 50 or more employees. The FMLA also covers a wider range of family members than the NJFLA, including siblings, grandparents, and domestic partners. Lastly, the FMLA provides for unpaid leave while the NJFLA allows employees to use accrued paid leave during their covered leave.
The main difference between FMLA and NJFLA is that NJFLA covers more people. However, there are other important distinctions as well. If you’re not sure which law applies to your situation, it’s best to speak with an attorney who can help clarify the regulations for you.