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Both the federal Family and Medical Leave Act (FMLA) and New Jersey Family Leave Act make it unlawful for employers to interfere with, restrain, or deny employees' rights to any protections guaranteed under those laws.
In some situations, you therefore may be entitled to take up to 12 weeks of FMLA leave for your own condition and 12 weeks of NJFLA leave to care for a family member, in a single 12-month period.
While the FMLA provides up to 12 weeks of leave within a 12-month time frame, the NJFLA provides up to 12 weeks of leave within a 24-month time frame. Eligible employees of covered employers can take NJFLA leave to: Give birth and care for a newborn child. Care for an adopted child or one placed through foster care.
To be eligible you must work in New Jersey and meet minimum gross earnings. For 2023, you must have worked 20 weeks earning at least $260 weekly, or have earned a combined total of $$13,000 in the base year period (approx. 18 month before taking leave).
The employee must have worked at least 1,000 hours for that employer during the 12 months before taking leave. Depending on individual circum- stances, FMLA & NJFLA can be used concurrently (if the individual qualifies for both at the same time) or consecutively.