As soon as an employee in New Jersey requests a leave of absence for medical reasons, several federal and state laws may be triggered. Since compliance with one law does not guarantee compliance with all, employers need to be aware of what they can and cannot do under each law. Below is a summary of each law and some key points employers should keep in mind. While each law requires a slightly different approach, the importance of timing is a common theme.
The Family and Medical Leave Act (FMLA)
The FMLA mandates 12 weeks of job-protected, unpaid leave in a 12-month period for an employee’s own serious medical condition, a family member’s serious health condition, childbirth and newborn child care, or military obligations. The FMLA applies to employers with 50 or more employees within a 75-mile radius. Unlike some employment statutes, the FMLA allows employees to sue for both intentional and unintentional violations, narrowing the margin of error for employers.
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