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McOmber McOmber & Luber, P.C.

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What is NJ Family Leave Insurance?

May 30, 2019 by Red Bank Legal

When a family member becomes seriously ill, or if you have a newborn baby at home, you may need to take time off. NJ Family Leave Insurance allows you to do this. NJ Family Leave Insurance provides employees with wage replacement benefits for a limited amount of leave time. An employee may take time off work without worrying about their employer retaliating against them if they are covered under the New Jersey Family Leave Act (NJFLA). If an employer tries to retaliate against you for taking time off from work, you may have grounds for a lawsuit.

Who Funds the Program?

The NJ Family Leave Insurance program is not funded by employers, it is funded by employee payroll deductions.

Who is Eligible for Paid Family Leave in NJ?

Employees eligible for NJ Family Leave are those who have worked at least 20 weeks in New Jersey in addition to earning at least $172 per week in the last 12 months. Once an individual receives Family Leave pay, they may receive it for six weeks in a 12-month period. However, beginning on July 1, 2020, employees taking leave will be given 12 weeks instead of six weeks. Employees caring for a sick family member may take leave for six consecutive weeks, for intermittent weeks, or for 42 intermittent days.

Do I Need to Give my Employer Notice if I Decide to Take Leave?

Yes. If you are taking leave in one continuous period, you must give your employer 30 days’ notice. If you decide to leave in an intermittent manner, you must give your employer 15 days’ notice.

Employer Requirements

The NJ Family Leave Insurance program requires employers to integrate the Family Leave pay provisions into their current leave policies. They are also required to communicate the details of the new program to their employees. Employment policies must always be clearly displayed, and employee handbooks must also be updated to include the NJ Family Leave Insurance program.

How Much Does an Employee Receive?

The weekly benefit rate for a Family Leave Insurance claim depends on an employee’s average weekly wage. As of 2019, employees on leave may receive up to $650 per week. As of July 1, 2020, employees will receive 85 percent of their weekly pay up to $860 per week.

Is NJ Family Leave Insurance Only for Sick Family Members and Newborns?

Employees going through domestic abuse are eligible for NJ Family Leave pay, as well as for parents who have recently adopted a child.

Marlton Employment Lawyers at McOmber McOmber & Luber, P.C. Represent Clients Wrongfully Denied Paid Family Leave

Employers are required to comply with New Jersey Family Leave laws. If they do not, you have the right to file a claim. Contact a Marlton employment lawyer at McOmber McOmber & Luber, P.C. Our experienced lawyers, including Matthew A. Luber and Christin V. McOmber, will help you through the process of filing a claim. Call our Red Bank office at 732-842-6500, our Marlton office at 856-985-9800, our Newark office at 973-878-9040, or contact us at 888-396-0736 or online for a free consultation. We represent clients throughout New Jersey.

Filed Under: Retaliation, Employment Lawyers, Employment Discrimination, FLSA

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