FMLA & NJ State Leave

missyltc

We are a Florida Corporation that has facilities in NJ. Questions regarding FMLA and NJ Family Leave have come up many times. The latest one is whether Federal FMLA and NJ Family Leave run concurrently during a pregnancy leave. My understanding is that Federal FMLA applies while the employee is under a doctor's care, but when she is released, the State leave commences and runs concurrently with the end of the Federal leave. This may limit the employee to less than 24 weeks (depending upon the length of her disability). However, some of the Supervisors are saying that the employee is entitled to the full 24 weeks. Also, they have said that the Federal FMLA does not begin until the employee has exhausted their State Disability. I have searched through the state statutes and cannot find any answers. Any help would be appreciated.

System

I checked with the attorney editors of New Jersey Employment Law Letter about your question (it is a confusing situation!). Below is their response. Sounds like you might want to talk to an attorney in New Jersey to iron out the specific facts in your situation.

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As a general matter it is possible for an employee to engage in what is called "stacking" whereby they take 12 weeks leave under the FMLA because of their own serious health condition related to the pregnancy, and then take another 12 weeks under the NJ Family Leave Act in connection with the birth of the child. This occurs because the NJ statute does not contain a provision for leave because of the employee's own medical condition and, therefore, leave under the NJ Family Leave Act does not exhaust the right to leave under the FMLA.
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Terry

To clairify a point, State disability compensation would (or should) terminate when the employee is released from their own disability and deemed able to return to work and, therefore, "released from Doctors care".