New Jersey Laws Prohibit Discrimination Based on Family Leave

May 27, 2011

IF you need time off work because of the birth of a child, death in the family, adoption proceedings or other eligible reason, your company can't discriminate against you, the New Jersey Family Leave Act says.

If your company is giving you problems because you had to take time off work for a family emergency, you may have been unfairly discriminated against based on the New Jersey Family Leave Act. If so, contact New Jersey Employment Lawyers immediately. There is also protection for employees under the federal Family and Medical Leave Act.
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New Jersey's law requires covered employers to give employees time off from work in certain situations:


  • Birth of a Child

  • Adoption of a Child

  • Serious illness of a parent, child or spouse


Employers with 50 or more employees anywhere in the world are required to follow the law for New Jersey employees. The law requires employees to be at work for at least 12 months at the job and work 1,000 hours in a 12-month time frame to be eligible. If those conditions are met, the employee's job is protected for up to 12 weeks of leave in a two-year period.

The main difference between the New Jersey Leave Act and the federal Family and Medical Leave Act, is the ability of an employee under the federal law to take leave for his or her own medical condition. Also, while the duration and the timing of the leave under the state law is 12 weeks in any 24 month period, under the federal law the leave permitted is 12 weeks during any 12 month period.

Under both acts, the time off is unpaid, unless the company has a specific policy paying employees for the time off. But the New Jersey law also provides some exceptions. For instance, employers can deny leave to employees whose base salaries are in the highest top 5 percent of all employees or if they are among the seven highest paid employees if their absence would have a substantial negative effect on the business.

Because these can be complicated issues, they require an experienced New Jersey employment law attorney. Don't hesitate to call so we can put our knowledge to work for you.

If you feel your employer has discriminated against you based on family leave in New York or New Jersey, contact Resnick & Associates, P.C. at 973-781-1204 or 646-867-7997. We are located in East Hanover, N.J. and Midtown Manhattan on Broadway.