The Johnson & Dugan Blog

New Jersey – Third State to Provide Paid Family Leave

Jody Lee, Compliance Manager, Johnson & Dugan

New Jersey has joined California and Washington as the third state to offer Paid Family Leave. Called “Temporary paid family disability leave”, the law allows paid time off to care for a family member who has a serious health condition or in connection with the birth or placement for adoption of a child. Leave pay will be two-thirds of salary, up to $524 per week.

The law was passed in April of 2008, however, the law includes in the definition of employers “those whose employees are eligible for benefits after June 30, 2009”, meaning the effective date of the paid leave is June 30, 2009. All employers covered by New Jersey’s unemployment compensation law are also required to provide this benefit to employees who are currently employed or who were previously employed but have been out of employment for less than two weeks.

The maximum paid leave duration is six weeks during any 12-month period. The duration is 42 days during any 12-month period if leave is taken intermittently. The leave must be used within the 12-month period immediately following the first day the individual first establishes a valid claim for the paid leave. This leave is in addition to any leave taken in connection with the employee’s own serious health condition under the New Jersey Temporary Total Disability Law.

For more information about state paid family leave laws, contact your Johnson & Dugan Team.

FMLA Military Family Leave Entitlements

Jody Lee, Compliance Manager, Johnson & Dugan

Two new entitlements have been added to the Family and Medical Leave Act (FMLA) as a result of the National Defense Authorization Act (NDAA). The first allows eligible employees of covered employers the right to 26 weeks of FMLA leave in a single 12-month period to care for a family member who has suffered a serious injury or illness while on active military duty. A family member would include the spouse, son, daughter, parent or next of kin (nearest blood relative) of an eligible employee. In addition, eligible employees of covered employers can take FMLA leave because of “any qualifying exigency (to be determined by regulations) arising out of the fact that the spouse, son, daughter or parent of an employee is on active duty or notified of impending call or order to active duty in the Armed Forces in support of a contingency operation.”

The FMLA amendments took effect on January 28, 2008, however, “qualifying exigency” has not yet been defined. This provision will not take effect until the Secretary of Labor issues corresponding regulations. For more information on the regulations, go to the U.S. Department of Labor website: http://www.dol.gov/esa/whd/FMLANPRM.htm

These amendments to the FMLA are new laws and regulations are not yet in place to implement them. When you encounter an employee situation that may fall under one of these entitlements, you should consult your legal counsel.

For more information on how the FMLA affects your organization, contact your Johnson & Dugan Team.