New Jersey FMLA Guide: Family and Medical Leave

Quick Answer: Federal FMLA provides 12 weeks unpaid job-protected leave at employers with 50+ employees. New Jersey employees often have better options: NJFLA (30+ employees), FLI (paid leave), and TDB (own illness). These laws work together for comprehensive coverage.

New Jersey employees have multiple leave protections.

Federal FMLA Basics

Eligibility

You qualify if:

• Employer has 50+ employees
• Worked 12+ months
• 1,250+ hours in past year
• Within 75 miles of worksite

Leave Amount

FMLA provides:

• 12 weeks per year
• Unpaid leave
• Job protection
• Health benefits maintained

Qualifying Reasons

Leave for:

• Your serious health condition
• Family member's serious health condition
• New child (birth, adoption, foster)
• Military family leave

NJ Laws vs FMLA

Comparison Chart

NJFLA Advantages

Better than FMLA:

• 30+ employees (not 50+)
• 1,000 hours (not 1,250)
• Broader family definition

FLI Advantages

Paid leave:

• 85% wage replacement
• Most employees eligible
• No employer size limit

How Laws Work Together

Concurrent Running

When both apply:

• FMLA and NJFLA may run together
• FLI provides wage replacement
• Best combination of rights

Own Illness

Key difference:

• FMLA covers your illness
• NJFLA does NOT
• Use TDB for own illness pay

Family Care

All three apply:

• FMLA job protection
• NJFLA job protection
• FLI provides pay

Example Scenarios

Scenario 1: New Baby

Coverage available:

• FMLA: 12 weeks job protection (if 50+)
• NJFLA: 12 weeks job protection (if 30+)
• FLI: 12 weeks paid
• Run concurrently = paid + protected

Scenario 2: Your Own Surgery

Coverage available:

• FMLA: 12 weeks job protection
• NJFLA: Does NOT cover own illness
• TDB: Wage replacement for own illness
• FMLA + TDB = protected + paid

Scenario 3: Caring for Ill Parent

Coverage available:

• FMLA: Covers (if eligible)
• NJFLA: Covers (broader family)
• FLI: Provides pay
• All three work together

Scenario 4: Small Employer

30-40 employees:

• FMLA: Does NOT apply (need 50+)
• NJFLA: Does apply (30+)
• FLI: Provides pay
• Still have coverage

Filing for Benefits

FLI Claims

Department of Labor:

• Phone: 609-292-7060
• File online
• Before or during leave
• Required documentation

TDB Claims

For own illness:

• Phone: 609-292-7060
• Same department
• Different program
• Medical certification needed

FMLA Notice

To employer:

• 30 days advance if foreseeable
• As soon as practical if not
• Employer must designate FMLA

Job Protection

FMLA Guarantee

Must provide:

• Same or equivalent job
• Same pay and benefits
• Same terms and conditions

NJFLA Protection

Similar guarantees:

• Return to same position
• Or equivalent
• Benefits maintained

Cannot Retaliate

Prohibited:

• Firing for taking leave
• Demoting
• Reducing hours
• Negative consequences

Filing Complaints

DOL (Federal)

FMLA violations:

• Phone: 1-866-487-9243
• www.dol.gov/whd
• 2-year statute

NJ DOL

NJFLA/FLI issues:

• Phone: 609-292-2323
• State enforcement

DCR

Retaliation claims:

• Phone: 973-648-2700
• Discrimination-based

Frequently Asked Questions

Is FMLA paid in NJ?

FMLA itself is unpaid, but FLI provides pay during same leave.

Which law is better - FMLA or NJFLA?

They complement each other. NJFLA covers smaller employers.

Can I use FLI for my own illness?

No. Use TDB for own illness. FLI is for family care/bonding.

What if my employer has 35 employees?

NJFLA applies (30+), FMLA doesn't (50+). FLI still available.

Related Topics

• New Jersey Leave Laws
• New Jersey FLI Guide
• New Jersey Employment Law Hub

Take Action

If denied leave:

1. Confirm eligibility under each law
2. Document denial
3. File FLI/TDB if needed
4. File DOL complaint for FMLA
5. Consult attorney

Legal Disclaimer

This article provides general information about FMLA in New Jersey and is not legal advice. For specific advice, consult a licensed New Jersey employment attorney.

For official information:

• US DOL: https://www.dol.gov/whd/fmla | 1-866-487-9243
• NJ DOL: https://www.nj.gov/labor/ | 609-292-7060