FMLA time Accrue on Disability
njjel
1,235 Posts
We have an employee who is out for the second time in nine months. The first time she was out she used her 12 weeks of FMLA leave. She is now out on NJ Family Leave. My question is, does she accrue time form federal FMLA leave while she is out on NJ Family Leave?
Comments
>NJ FL?
If by 'accrue' you mean can you count the time she's out on New Jersey leave as FMLA, unless NJ law says you cannot, I certainly would. Why Not? NJ apparently decided in its wisdom to go a distance further than that allowed by federal law; and, unless prohibited by NJ, I would certainly do all possible to be sure they count as concurrent programs so as to somehow limit how long an employee can be out.
New Jersey Family Leave Act provides 12 weeks in a one-year period for care of newborn or adopted child, serious health condition of a family member or employee, care for child even if not "serious". Female employees are entitled to an additional 12 weeks for medical condition related to pregnancy. Size of employer: 25 or more employees. Eligibility: 1000 hours over past 12 months.
"Section 825.701 (CFR) - Do state laws providing family and medical leave still apply?
(a) Nothing in FMLA supersedes any provision of State or local law that provides greater family or medical leave rights than those provided by FMLA. The Department of Labor will not, however, enforce State family or medical leave laws and States may not enforce the FMLA. Employees are not required to designate whether the leave they are taking is FMLA leave or leave under State Law and an employer must comply with the appropriate (applicable) provisions of both. An employer covered by one law and not the other has to comply only with the law under which it is covered. Similarly, an employee eligible under only one law must receive benefits in accordance with that law. If leave qualifies for FMLA leave and leave under state law, the leave used counts against the employee's entitlement under both laws. Examples of the interaction between FMLA and State Laws include:
(1) If state law provides 16 weeks of leave entitlement over two years, an employee would be entitled to take 16 weeks one year under state law and 12 weeks the next year under FMLA. Health benefits maintenance under FMLA would be applicable only to the first 12 weeks of leave entitlement each year. If the employee took 12 weeks the first year, the employee would be entitled to a maximum of 12 weeks the second year under FMLA (not 16 weeks). An employee would not be entitled to 28 weeks in one year."
The regs have several more paragraphs but I hope this helps. You can always look up the FMLA regs on-line they are CFR Section 825.100- 825.800
Try contacting the New Jersey attorneys who write your New Jersey Employment Law Letter. They may be able to help. Here's a link to their contact information:
[url]www.hrhero.com/njemp.shtml#atty[/url]
Christy Reeder
Website Managing Editor
[url]www.HRhero.com[/url]
To qualify for FMLA the employee must have worked 1250 hours in the previous 12 months and have an accumlated employment of at least 1 year. This employee would meet the 1 year employment requirement, but won't be eligible for more FMLA time until she works for 1250 hours (approximately 8 months).