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Help with NJ Family Leave!!

KP68KP68 164 Posts
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Are employers required to continue benefits for an employee out on New Jersey Family Leave??
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  • 9 Comments sorted by Votes Date Added
  • Don DDon D 9,834 Posts
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    Federal law (the act itself) requires that any medical insurance already in place must be continued during FMLA. Don't know about NJ. There's a complete guide to FMLA somewhere on this site. Look over on the far left hand column.
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  • LFernandesLFernandes 314 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 06-28-02 AT 08:14AM (CST)[/font][p]Look under CFR Section 825.701. It's all explained there.
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  • ritaanzritaanz 2,665 Posts
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    Yes. NJ state law differs from the federal law in that it has a longer leave.
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  • njjelnjjel 1,235 Posts
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    The NJ FLA does not require employers covered by the federal Employee Retirement Income Security Act (ERISA employers) to conintue health benefits, but employers NOT subject to ERISA must continue health benefits under the same conditions provided to the employee during regular employment. Additionally, an ERISA employer may be obligated to continue benefits under the federal FMLA. Under the NJ FLA other benefits continue during a family leave if they would continue during any other unpaid leave of absence. The # to call for NJ FLA is 609-614-2550.
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  • Don DDon D 9,834 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 06-25-02 AT 01:21PM (CST)[/font][p]NJJEL: Doesn't the act itself, then, apply since the NJ requirement doesn't reach the higher protection level of the federal law for the ERISA covered employee? I'm fairly sure that in any and every event, whatever medical insurance was in place prior to FMLA must be maintained throughout FMLA. x:-)
    Aha! Now I see that the original question applied to New Jersey Family Leave and may not even be FMLA.........perhaps.
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  • njjelnjjel 1,235 Posts
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    Righto! And perhaps the empee has already used his/her FMLA leave and therefore only has the state leave to fall back on. I just LOVE FMLA and NJFLA! YIKES
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  • Don DDon D 9,834 Posts
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    In NJ they have to be observed independently and can't be concurrent? Wow!
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  • KP68KP68 164 Posts
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    This is exactly why I am questioning this....her FMLA has expired, and now she is on NJFLA exclusively.
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  • SystemSystem 5,885 Posts
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    [font size="1" color="#FF0000"]LAST EDITED ON 07-10-02 AT 05:16PM (CST)[/font][p]Are you a Law Center member? There are several articles on NJFLA in the Newsletter Archive of the HRhero.com members area. Not sure if they specifically answer this question but might help in general. Also you might consider contacting the editors who wrote those articles for New Jersey Employment Law Letter. Their contact info is at [url]www.hrhero.com/njemp.shtml[/url]

    Christy Reeder
    Website Managing Editor
    [url]www.HRhero.com[/url]

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