N.J. Admin. Code § 13:14-1.6

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:14-1.6 - Relation with other laws

(a) Where an employee requests leave for a reason covered by both the New Jersey Family Leave Act and another law, the leave simultaneously counts against the employee's entitlement under both laws. For example, the Federal Family and Medical Leave Act (FMLA), 29 U.S.C. §§ 2601 et seq., provides leave to care for a seriously ill spouse and the New Jersey Family Leave Act also provides leave for that reason. Under this example, since the leave is taken for a purpose covered by both the Federal FMLA and the New Jersey Family Leave Act, the leave simultaneously counts against the employee's entitlement under both laws.

(b) Medical or disability leave that an employee takes under other laws, but that is not covered under the New Jersey Family Leave Act, shall not abridge an employee's right to leave or other protections granted under the New Jersey Family Leave Act. For example, the Federal FMLA provides leave for an employee's own disability, but New Jersey's Family Leave Act does not provide leave for an employee's own disability. Some situations which may arise under this example include, but are not limited to:

1. If an employee first takes FMLA leave under Federal law because of their own disability, including a disability related to pregnancy or childbirth, the employee would be entitled to an additional 12 weeks of leave within 24 months under the New Jersey Family Leave Act to care for a seriously ill family member; family member due to an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease; or a newly born child or a child placed with the employee for adoption or foster care, because the prior disability leave was taken for a purpose not covered by the New Jersey Family Leave Act. Under this example, if an eligible employee is on FMLA disability leave under Federal law while pregnant for four weeks and is on FMLA disability leave under Federal law following childbirth for an additional six weeks to recover from childbirth, those 10 weeks that the employee is on disability leave count against the employee's Federal FMLA entitlement only, and the employee retains the full 12-week entitlement under the New Jersey Family Leave Act to care for the newly born child; and

2. If an employee takes FMLA leave under Federal law because of their own disability, including a disability related to pregnancy or childbirth, and a family member becomes seriously ill; a family member needs care due to an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease; or a child is born or adopted or placed with the employee for foster care while they are still on FMLA disability leave under Federal law, the intervening birth, adoption, care required due to an epidemic or communicable disease, or serious family illness does not convert the FMLA leave under Federal law to a leave under the New Jersey Family Leave Act. For as long as the employee continues to be eligible for FMLA leave under Federal law based on their own disability, the leave does not simultaneously count against the employee's entitlement under the New Jersey Family Leave Act.

(c) An employee retains all rights under the Temporary Disability Benefits Law, N.J.S.A. 43:21-25et seq., when taking leave under the New Jersey Family Leave Act, and an employee's receipt of disability benefits or other compensation does not limit or impair the employee's right to take leave to care for a covered family member under the New Jersey Family Leave Act while receiving such benefits. For example, if an employee is receiving temporary disability benefits based on a postpartum medical condition, but has exhausted their Federal FMLA leave, the employee is entitled to begin their 12 weeks of leave under the New Jersey Family Leave Act to care for their newly born child, even though they are still disabled as defined by the Temporary Disability Benefits Law and is receiving compensation under that law.

N.J. Admin. Code § 13:14-1.6

Repeal and New Rule, R.2002 d.374, effective 11/18/2002.
See: 34 N.J.R. 208(a), 34 N.J.R. 3968(a).
Section was "Disability leave".
Amended by R.2007 d.77, effective 3/5/2007.
See: 38 N.J.R. 4627(a), 39 N.J.R. 781(c).
In (b)1, inserted the last sentence.

Amended by 53 N.J.R. 1792(c), effective 10/18/2021