New Jersey Family Leave Act (NJFLA): Know Your Rights

The New Jersey Family Leave Act (NJFLA) provides eligible employees with job-protected leave for family-related matters. While similar to the federal Family and Medical Leave Act (FMLA), NJFLA offers additional benefits for New Jersey employees.

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Who is Eligible for NJFLA Leave?

To qualify for NJFLA leave, employees must meet the following criteria:

Work for a Covered Employer: NJFLA applies to employers with at least 30 employees.
Length of Employment: Employees must have worked for their employer for at least 12 months.
Hours Worked: Employees must have worked at least 1,000 hours in the past 12 months.

What Situations Qualify for NJFLA Leave?

NJFLA provides up to 12 weeks of unpaid, job-protected leave in a 24-month period for:

The birth, adoption, or foster placement of a child.
Caring for a spouse, child, parent, or parent-in-law with a serious health condition.
Family bonding time with a newborn or newly adopted child.

Key Differences Between NJFLA and FMLA

While NJFLA and FMLA offer similar protections, key differences include:

Medical Leave: NJFLA does not cover an employee’s own medical condition, while FMLA does.
Employer Size: NJFLA applies to employers with 30+ employees, while FMLA applies to those with 50+ employees.
Leave Duration: NJFLA allows 12 weeks in a 24-month period, while FMLA allows 12 weeks in a 12-month period.

Job Protection and Benefits Under NJFLA

During NJFLA leave, employees:

Are entitled to return to the same or an equivalent job position.
Must continue receiving employer-provided health benefits.
Cannot be retaliated against for taking NJFLA leave.

What to Do If Your NJFLA Rights Are Violated

If your employer denies your NJFLA leave or retaliates against you, take these steps:

Document Everything: Keep records of leave requests, medical certifications, and employer responses.
Report Violations: File a complaint with the New Jersey Division on Civil Rights.
Consult an Employment Lawyer: Seek legal assistance to protect your rights.

Legal Assistance for NJFLA Violations

At Castronovo & McKinney, Employment Law Attorneys, we help employees enforce their NJFLA rights and take action against employers who violate the law.