FMLA and Family Leave Rights in New Jersey

New Jersey FMLA Attorney

Taking time off to care for a new child, recover from a serious illness, or be there for a family member in need is not a luxury. It is a legal right. When an employer denies that right, retaliates against you for exercising it, or makes you feel that taking protected leave will cost you your job, it can add an enormous burden to an already difficult time. At the Law Office of David H. Kaplan, we represent employees throughout New Jersey whose family and medical leave rights have been violated, and we fight to make sure employers are held to the law.

The Two Laws That Protect New Jersey Employees

New Jersey employees may be protected by two separate family and medical leave laws — the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). Understanding which law applies to your situation is important because they have different eligibility requirements, different covered reasons for leave, and different employer coverage thresholds.

Federal FMLA: What You Need to Know

What the FMLA Provides

The federal Family and Medical Leave Act entitles eligible employees to up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. During FMLA leave, your employer must maintain your group health insurance coverage under the same terms as if you had continued working. When you return, you are entitled to be restored to the same position or an equivalent one with the same pay, benefits, and terms of employment.

FMLA Eligibility Requirements

To be eligible for FMLA leave, you must:

• Work for a covered employer — private employers with 50 or more employees, or any public agency or public school regardless of size

• Have worked for your employer for at least 12 months

• Have worked at least 1,250 hours during the 12 months before your leave begins

• Work at a location where the employer has at least 50 employees within 75 miles

Qualifying Reasons for FMLA Leave

The FMLA covers leave for:

• The birth, adoption, or foster placement of a child and to bond with the child within the first year

• A serious health condition that makes you unable to perform your job

• Caring for a spouse, child, or parent with a serious health condition

• Qualifying exigencies related to a family member's military service

• Caring for a covered servicemember with a serious injury or illness (up to 26 weeks)

New Jersey Family Leave Act (NJFLA): What You Need to Know

What the NJFLA Provides

The New Jersey Family Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave during any 24-month period. Like the FMLA, it requires reinstatement to the same or equivalent position upon return.

NJFLA Eligibility Requirements

To be eligible for NJFLA leave, you must:

• Work for a covered employer — private employers with 30 or more employees (a lower threshold than the FMLA)

• Have worked for your employer for at least 12 months

• Have worked at least 1,000 hours during the prior 12 months

Key Differences from the FMLA

The NJFLA differs from the FMLA in several important ways. It applies to employers with 30 or more employees rather than 50, making it available to more workers. However, the NJFLA does not cover leave for your own serious health condition — only for bonding with a new child or caring for a family member. It also covers a broader definition of family members than the FMLA, including domestic partners, grandparents, siblings, parents-in-law, and grandchildren.

What Counts as an FMLA or NJFLA Violation?

Employers violate family leave laws in two main ways:

Interference occurs when an employer denies, discourages, or otherwise interferes with an employee's exercise of their leave rights — for example, refusing to approve a valid leave request, failing to notify an employee of their rights, or miscalculating the leave period to their detriment.

Retaliation occurs when an employer takes adverse action against an employee for exercising or attempting to exercise their leave rights — for example, terminating, demoting, or disciplining an employee for taking approved leave.

What Damages Are Available?

Employees who prevail on FMLA or NJFLA claims may be entitled to recover:

• Back pay and lost benefits

• Liquidated damages equal to the amount of back pay in FMLA cases

• Reinstatement to their former position

• Front pay if reinstatement is not feasible

• Attorney's fees and costs

Frequently Asked Questions

Can my employer require me to use paid leave during FMLA leave?

Yes. Employers may require, or employees may choose to substitute accrued paid leave such as vacation or sick time during FMLA leave, but this does not extend the total 12-week entitlement.

Do I have to give advance notice before taking FMLA leave?

When leave is foreseeable, such as a planned surgery or an expected birth, you are generally required to give 30 days advance notice. When leave is unforeseeable, you must give notice as soon as practicable. Failure to provide proper notice can affect your rights in some circumstances.

What if my employer says I am not eligible for FMLA?

Do not take your employer’s word for it. Eligibility determinations are fact-specific and employers sometimes get them wrong, or misapply them intentionally. An attorney can review your situation and determine whether you qualify.

Can I take FMLA leave intermittently?

Yes. In some circumstances, FMLA and NJFLA leave can be taken intermittently, in separate blocks of time or by reducing your normal weekly or daily work schedule, when medically necessary.

Does New Jersey have paid family leave?

New Jersey has a separate Paid Family Leave program administered through the state’s temporary disability insurance system. This provides partial wage replacement during qualifying leave but is separate from the job protection provided by the FMLA and NJFLA. David H. Kaplan handles claims related to interference with and retaliation for taking protected leave under the FMLA and NJFLA.

What is baby bonding leave in New Jersey?

Baby bonding leave refers to leave taken to bond with a newly born, adopted, or foster child. Both the FMLA and the NJFLA provide up to 12 weeks of job-protected leave for this purpose within the first year of the child’s arrival. New Jersey’s Paid Family Leave program can also provide partial wage replacement during this time.