N.J. Admin. Code § Tit. 4A, ch. 6, subch. 1, app APPENDIX

Current through Register Vol. 56, No. 21, November 4, 2024

Appendix - APPENDIX

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.

N.J. Admin. Code Tit. 4A, ch. 6, subch. 1, app APPENDIX

New Rule, R.1994 d. 620, effective 12/19/1994.
See: 26 New Jersey Register 3511(a), 26 New Jersey Register 5002(b).