The New Jersey Civil Rights Division has published proposed rules relating to the New Jersey Family Leave Act (NJFLA).
The New Jersey Civil Rights Division has published proposed rules relating to the New Jersey Family Leave Act (NJFLA). The current rules relating to the NJFLA expire February 6, 2007, and the Division has proposed certain amendments that are designed to ensure, where appropriate, consistency with the federal Family and Medical Leave Act (FMLA). The proposed rules were published November 6, 2006, and are subject to a comment period that ends January 5, 2007. The full text of the proposed rules, as well as the address to which comments can be submitted, are available at
http://www.njcivilrights.org/proposed_rules.html.
The NJFLA covers employers who employ 50 or more employees in 20 or more calendar weeks in the current or immediately preceding calendar year. There is no 75-mile radius requirement in the NJFLA as there is under FMLA. Covered employers must provide eligible employees with a maximum of 12 weeks of family leave (which can be paid or unpaid) in a 24 month period. An eligible employee is one who worked 1,000 hours in the last 12 months (unlike the FMLA, which requires employees to have worked 1,250 hours in the last 12 months).
Eligible employees can take leave under the NJFLA to provide care needed for the birth or adoption of a child or the serious health condition of a child, parent or spouse. Unlike the FMLA, leave is not provided under the NJFLA for the employee's own serious health condition. Employees returning from NJFLA leave are entitled to be reinstated to the position held prior to leave or an equivalent position.
Following are some highlights of the proposed rules:
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The definition of "base hours" would be amended to include time the employee would have worked had he or she not been on military leave. This is consistent with the FMLA regulation regarding time spent on military leave.
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The definition of "care" would be amended to include time needed to arrange for changes in care of a family member, such as placement in a nursing facility. This is also consistent with the FMLA regulations.
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The definition of "serious health condition" would be amended to provide further clarification of the requirement for "continuing medical treatment or continuing supervision by a health care provider." This definition is taken from the FMLA regulations.
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The proposed rules clarify that government employers are covered regardless of the 50 employee requirement that applies to private businesses.
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The proposed rules would give employers the same options for determining the 24 month period that are available for determining the 12 month period under the FMLA.
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The proposed rules would require employees to give employers 30 days notice of the need to take NJFLA leave, instead of the 15 days currently required, unless emergent circumstances warrant shorter notice. This is consistent with the FMLA.
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The proposed rules would permit the employer to transfer an employee who requests intermittent or reduced hour leave to an alternative position with equivalent pay and benefits during the course of the leave if the alternative position better accommodates recurring leave periods. The rules would prohibit the employer from transferring an employee to an alternative position in an effort to discourage employees from taking leave. This is consistent with the FMLA.
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The proposed rules would require employers to post the official Family Leave Act poster of the Division of Civil Rights and maintain written guidance to employees concerning the NJFLA.
If you have any questions regarding the proposed rules or any other labor or employment related issue, please contact the Ford & Harrison attorney with whom you usually work.