2023 NJ Maternity Leave Laws Update
NJ maternity leave laws are crucial for both employees and employers in the state. Enforced by the NJ Division on Civil Rights, these laws allow eligible employees to take up to 12 weeks of Family Medical Leave Act (FMLA) and up to 12 weeks of NJ Family Leave Act (NJFLA) for bonding or pregnancy/recovery, providing a total of up to 24 weeks of job protection.
Recent updates or changes to the law include the 2020 expansion of NJFLA to cover any event resulting in a child’s placement with an employee for foster care or adoption.
Are you or someone you know expecting a child and need to take maternity leave in New Jersey? Check out this Youtube video titled “The Slice: Maternity Leave” to learn about NJ’s maternity leave laws and ensure you’re informed and prepared for your leave.
Eligibility Requirements for NJ Maternity Leave
In New Jersey, eligible employees can take up to 12 weeks of FMLA for pregnancy and/or recovery from a related serious health condition. In addition, the employee can take up to 12 weeks of NJFLA for bonding, for a total of up to 24 weeks of job protection.
To be eligible for NJ maternity leave, an employee must have worked for the company for at least 12 months and must have worked a minimum of 1,000 hours during that time. It is important to note that state leave laws may differ from federal laws.
Family Medical Leave Act (FMLA)
The Family Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid job-protected leave per year for certain family and medical reasons, including pregnancy, childbirth, and bonding with a newborn. In NJ, the FMLA applies to businesses that employ 50 or more employees within a 75-mile radius.
To be eligible for FMLA leave in NJ, an employee must have worked for the company for at least 12 months and at least 1,000 hours during the previous 12 months. During FMLA leave, an employer must maintain the employee’s health benefits and restore the employee to the same or an equivalent position upon return to work.
Any employee in NJ who has worked the required number of hours and months is entitled to 12 weeks of FMLA leave for pregnancy, childbirth, and related medical conditions or for bonding with a newborn or newly adopted child. It is important to note that FMLA leave is unpaid, but the employee may use any available paid leave during their FMLA leave as well.
Recently, the FMLA has been expanded to include military caregiver leave, qualifying exigency leave, and leave for military members undergoing a serious illness or injury related to their service. Emblematic of society’s evolving attitudes and continued recognition of the importance of work-life balance, the FMLA continues to be an important component of NJ maternity leave laws.
New Jersey Law Against Discrimination (NJLAD)
The New Jersey Law Against Discrimination (NJLAD) is a state law that provides various protections against discrimination, including pregnancy discrimination. The law prohibits employers from discriminating against employees who take maternity leave or leave related to pregnancy or childbirth.
Employers cannot take any adverse action against an employee for taking maternity leave, such as firing or demoting them. Additionally, employers must provide reasonable accommodations to pregnant employees, such as breaks to hydrate, eat, or use the restroom, unless the accommodation would cause undue hardship to the employer.
As for recent updates, the NJLAD now includes protections for transgender individuals, and prohibits discrimination based on gender identity or expression. Employers must allow employees to use restrooms and other facilities that correspond with their gender identity, and cannot require employees to dress or groom themselves in a way that is inconsistent with their gender identity.
It should also be noted that employees who wish to take maternity leave may be eligible for up to 12 weeks of job-protected leave under the federal Family and Medical Leave Act (FMLA). They may also be eligible for up to 12 weeks of leave under the New Jersey Family Leave Act (NJFLA) for bonding with a new child, for a total of up to 24 weeks of job protection.
Eligibility requirements for NJFLA include having been employed with the company for at least 12 months and having worked a minimum of 1,000 hours during that time.
Unemployment Compensation for Maternity Leave
In NJ, employees who are taking maternity leave can receive unemployment compensation as long as they are eligible. These benefits are provided to help support employees and their families during this critical time.
In order to receive unemployment compensation for maternity leave, employees must meet certain eligibility requirements. Employees who are covered under the Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) are eligible for job protection during their leave.
This means that employees who take this leave cannot be fired from their job due to their absence.
Employees who have been employed with the company for at least 12 months and have worked a minimum of 1,000 hours during that time are eligible to use NJFLA. This allows employees to take up to 12 weeks of job-protected leave for pregnancy, recovery, and bonding.
The NJFLA may also be used for family leave to care for a child or spouse with a serious health condition.
After an employee exhausts their FMLA leave or is certified by their doctor as fit to return to work, they may take an additional 12 weeks of NJFLA leave to bond with their child or care for them. Employers must continue to provide health benefits to employees on NJFLA leave as well.
Employees who are eligible for unemployment compensation for maternity leave may receive up to 60% of their average weekly wage, with a maximum weekly benefit rate of $804 in 2022. These benefits can help employees cover their expenses while taking time off to care for themselves and their families.
Health Insurance and Maternity Leave
When an employee in NJ takes maternity leave, they are still entitled to health insurance benefits, but they may have to pay for them themselves while on leave. This is because some employers require employees on leave to contribute to their health insurance premiums.
However, there are recent updates to the law that may affect this. The Pregnant Workers Fairness Act (PWFA), which was passed in 2019, requires employers to provide reasonable accommodations for pregnant workers, including accommodations related to health insurance.
This means that if an accommodation related to health insurance is necessary for the employee to continue working during pregnancy, the employer may be required to provide it. Additionally, the PWFA prohibits employers from penalizing employees for requesting accommodations, including health insurance accommodations, related to pregnancy or childbirth.
Family Leave Insurance (FLI)
Family Leave Insurance (FLI) is a program that provides cash benefits to New Jersey workers who need time off to bond with a newborn or newly placed adoptive or foster child or to care for a seriously ill or injured family member. Workers can take up to twelve weeks of FLI and receive 60% of their average weekly wage, with a maximum weekly benefit rate of $804 in 2022.
FLI benefits are provided through New Jersey’s Temporary Disability Insurance (TDI) program.
Employees in New Jersey who are taking maternity leave may be eligible for FLI benefits, along with other forms of job protection. Under the New Jersey Family Leave Act (NJFLA), employees who have been employed by their company for at least 12 months and worked a minimum of 1,000 hours are eligible for up to 12 weeks of job-protected leave to bond with a newborn or newly placed adoptive or foster child or to care for a seriously ill or injured family member.
Under the federal Family and Medical Leave Act (FMLA), employees may take up to 12 weeks of job-protected leave for pregnancy, childbirth, and recovery from childbirth. FMLA and NJFLA leave can be taken consecutively, providing up to a total of 24 weeks of job protection.
Recent updates to New Jersey’s maternity leave laws include the expansion of FLI benefits to cover COVID-19 related illness, isolation, or quarantine in addition to other serious health conditions. Additionally, the New Jersey Paid Family Leave Act (PFLA) which provides six weeks of job-protected leave and wage replacement benefits to care for a newborn or newly placed adoptive or foster child, will be expanded to include leave for seriously ill family members beginning July 1, 2021.
Length of NJ Maternity Leave
New Jersey maternity leave laws provide eligible employees with up to 12 weeks of leave for pregnancy, childbirth, or related health conditions under the Family and Medical Leave Act (FMLA). Additionally, employees can take up to 12 weeks of New Jersey Family Leave Act (NJFLA) for bonding purposes, allowing for a total of up to 24 weeks of job protection.
These laws are enforced by the NJ Division on Civil Rights.
It is important to note that to be eligible for the NJFLA, employees must have been employed by the company for at least 12 months and worked a minimum of 1,000 hours.
Paid Time Off
At this time, there is no mandated paid maternity leave in New Jersey. However, eligible employees may be able to receive temporary disability insurance (TDI) benefits.
These benefits provide up to 60% of their average weekly wage for up to 6 weeks before delivery and up to 8 weeks after delivery for a vaginal birth, or up to 10 weeks after delivery for a cesarean section.
Additionally, Family Leave Insurance (FLI) is available for eligible employees. FLI provides cash benefits for up to 12 weeks to bond with a newborn, newly placed adoptive or foster child or to provide care for a seriously ill or injured loved one.
Self-employed individuals are not eligible for TDI or FLI in New Jersey. However, they may be able to purchase their own disability insurance policy.
Employees with a complicated pregnancy may be eligible for additional TDI benefits.
Job Protections
During maternity leave, eligible employees are entitled to job protections under NJ maternity leave laws. These laws prohibit employers from firing employees on the basis of their pregnancy.
The NJ Law Against Discrimination (NJLAD) protects employees from pregnancy discrimination, including pregnancy, childbirth, or related health conditions, and recovery from childbirth.
There are some exceptions to job protections for certain individuals. Teachers, for example, may not have job protections during their summer vacation periods.
Small businesses with fewer than 30 employees are also exempt from NJFLA job protection requirements. River commuters who work in New Jersey may not be eligible for benefits under the Family and Medical Leave Act.
Length of NJ Paternity Leave
In New Jersey, eligible employees are entitled to take up to 12 weeks of job-protected family leave under the New Jersey Family Leave Act (NJFLA) for bonding with a child. This leave can also be taken for pregnancy/recovery and/or a related serious health condition, for a total of up to 24 weeks of job protection.
It is important to note that while NJFLA provides job protection, it does not provide any paid leave.
Paid Leave
Currently, there is no paid paternity leave under New Jersey law. However, employees may be eligible to receive temporary disability benefits under the state’s Temporary Disability Insurance (TDI) program, which provides partial wage replacement for employees who cannot work due to a non-work related illness or injury, including pregnancy and childbirth.
In addition, under New Jersey’s Family Leave Insurance (FLI) program, eligible employees can receive up to 12 weeks of partially paid leave to bond with a newborn or newly placed adoptive, or foster child, or to care for a seriously ill or injured loved one. The maximum weekly benefit rate in 2022 is $804 per week.
Job-Protected Leave
Under the NJFLA, an employee is entitled to 12 weeks of job-protected leave for bonding with a child. Employees may also take this leave for pregnancy/recovery and/or a related serious health condition.
To be eligible for NJFLA, the employee must have worked for the employer for at least 12 months and worked a minimum of 1,000 hours within the past 12 months.
It is important to note that the NJFLA only provides job protection and does not provide any paid leave. However, as mentioned earlier, employees may be eligible for partial wage replacement through the state’s TDI and FLI programs.
Conclusion
New Jersey offers employees job-protected leave through FMLA and NJFLA for up to a total of 24 weeks per year for pregnancy and childbirth, bonding, and care for a seriously ill or injured loved one. To be eligible, an employee must have been employed by the company for at least 12 months and worked 1,000 hours during that time.
Employers are prohibited from discriminating against employees based on their pregnancy and must continue to provide employment benefits during the protected leave. Family Leave Insurance also provides cash benefits for up to 12 weeks for bonding or care for a seriously ill loved one.
It is essential for both employees and employers to be aware of NJ maternity and paternity leave laws to ensure compliance and protect their rights.
