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NAVIGATING NEW JERSEYS PAID FAMILY LEAVE ACT AND THE NEW FEDERAL FAMILY LEAVES

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NAVIGATING NEW JERSEY'S PAID FAMILY LEAVE ACT AND. THE NEW FEDERAL FAMILY LEAVES ... Work at least 20 weeks for a New Jersey in previous year ... – PowerPoint PPT presentation

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Title: NAVIGATING NEW JERSEYS PAID FAMILY LEAVE ACT AND THE NEW FEDERAL FAMILY LEAVES


1
NAVIGATING NEW JERSEYS PAID FAMILY LEAVE ACT AND
THE NEW FEDERAL FAMILY LEAVES
  • A Presentation by
  • Laura H. Corvo, Esq.
  • LeClairRyan

2
NEW JERSEYS PAID FAMILY LEAVE ACT
  • THE BASICS
  • Signed into law by Governor Corzine on May 2,
    2008
  • Takes effect on July 1, 2009
  • Administered through the State Disability Fund
    System

3
NEW JERSEYS PAID FAMILY LEAVE ACT
  • Which Employers are Covered?
  • All Private Sector and Government Employers who
    are covered under the Temporary Disability Law
    including small businesses
  • Any entity which employs more than 1 individual
    and pays the individual 1,000 in the current or
    preceding calendar year

4
NEW JERSEYS PAID FAMILY LEAVE ACT
  • WHICH EMPLOYEES ARE COVERED?
  • All employees regardless of whether they work for
    a small business employer
  • Work at least 20 weeks for a New Jersey in
    previous year
  • Earned 7,150 (1,000 times the minimum wage in
    the previous year)

5
NEW JERSEYS PAID FAMILY LEAVE ACT
  • WHAT ARE THE CRITERIA?
  • Care for a child within 12 months after birth or
    adoption (includes step-children, foster children
    and children of domestic partners)
  • Care for a family member with a serious health
    condition

6
NEW JERSEYS PAID FAMILY LEAVE ACT
  • WHO ARE FAMILY MEMBERS?
  • Employees child (step child, foster child, child
    of domestic partner), spouse, domestic partner,
    civil union partner or parent (parent-in-law or
    step-parent)
  • Same definition as New Jerseys Family Leave Act

7
NEW JERSEYSPAID FAMILY LEAVE ACT
  • WHAT IS A SERIOUS HEALTH CONDITION?
  • illness, injury, impairment or physical or mental
    condition requiring inpatient or continuing
    medical treatment by a health care provider

8
NEW JERSEYS PAID FAMILY LEAVE ACT
  • MAY AN EMPLOYEE RECEIVE PAID BENEFITS FOR
    INTERMITTENT LEAVE?
  • Yes, to care for a family member if
  • Total time in which leave is taken does not
    exceed 12 months
  • Supported by Medical Certification (if for family
    care)
  • Reasonable efforts to avoid disruption to
    employer
  • Provide a regular schedule of when leave will be
    taken, if possible
  • Employer consent is not required
  • Yes, for birth or adoption of child if
  • Employer consents
  • Arrangement is disclosed to State

9
NEW JERSEYS PAID FAMILY LEAVE ACT
  • What Benefits Does the Employee Receive?
  • After employee has exhausted all forms of paid
    leave (sick, vacation, maternity)
  • Six Weeks of Paid Leave
  • Two thirds of employees salary, up to 524.00
    per week.

10
NEW JERSEYS PAID FAMILY LEAVE ACT
  • WHAT ARE THE EMPLOYERS OBLIGATIONS?
  • Notice
  • Post a Notice approved by Department of Labor in
    a conspicuous location
  • Provide written notice of eligibility for paid
    leave benefits upon hiring employee
  • Provide written notice of eligibility for paid
    leave whenever employee requests time off for
    covered leave or upon employees request

11
NEW JERSEYS PAID FAMILY LEAVE ACT
  • What are Employees Notice Obligations?
  • Provide notice in a reasonable and practical
    manner for care of a seriously ill family
    member
  • Provide 30 days notice for care of newborn or
    newly adopted child (failure to do so will result
    in 2 weeks loss of benefits)
  • Provide 15 days notice for intermittent leave
    (absent emergency or unforeseen circumstance)

12
NEW JERSEYSPAID FAMILY LEAVE ACT
  • MUST AN EMPLOYER HOLD AN EMPLOYEES JOB OPEN?
  • No, unless the employee also qualifies for leave
    under the FMLA or New Jersey FLA

13
NEW JERSEYS PAID FAMILY LEAVE ACT
  • CAN AN EMPLOYEE SUE AN EMPLOYER UNDER PAID FAMILY
    LEAVE ACT?
  • No private right of action under the New Jersey
    Paid Family Leave Act.
  • Employee may have a Pierce claim, a CEPA claim
    or a claim under FMLA or New Jersey FLA

14
NEW JERSEYS PAID FAMILY LEAVE ACT
  • WHAT ARE THE COSTS TO EMPLOYERS?
  • Administrative costs (providing notice,
    administering payroll tax increase)
  • Increased absenteeism and disruption to
    workplace
  • Retraining replacement employees
  • Potential for exposure to lawsuits

15
NEW JERSEYS PAID FAMILY LEAVE ACT
  • WHAT SHOULD EMPLOYERS DO TO PREPARE FOR PAID
    FAMILY LEAVE?
  • Examine current policies to make sure they are
    compliant with Paid Family Leave
  • Develop and administer new policies (especially
    small employers)
  • Make sure payroll functions are in order
  • Be prepared for employee questions regarding Paid
    Family Leave

16
NAVIGATING NEW FEDERAL FAMILY LEAVES
  • WHAT CHANGES ARE IN STORE FOR THE FEDERAL FAMILY
    AND MEDICAL LEAVE ACT?

17
NAVIGATING NEW FEDERAL FAMILY LEAVES
  • NEW FAMILY LEAVES FOR FAMILY OF MEMBERS OF THE
    ARMED SERVICES

18
NAVIGATING NEW FEDERAL FAMILY LEAVES
  • THE NATIONAL DEFENSE AUTHORIZATION ACT OF 2008
  • Amends the FMLA to permit employees to take
    additional leave to care for family members
    serving in the military and
  • Creates an additional leave for employees whose
    family members are called to active duty in the
    armed services.

19
CAREGIVER LEAVE
  • Who is Eligible?
  • Any employee who is the spouse, son, daughter,
    parent or next of kin of a covered service
    member and seeks leave to care for the covered
    service member.

20
CAREGIVER LEAVE
  • Who is a Covered Service Member?
  • A Member of the Armed Forces, including the
    National Guard or Reserves, who is undergoing
    medical treatment, recuperation, or therapy, is
    otherwise in outpatient status, or is otherwise
    on the temporary disability retired list, for a
    serious injury.

21
CAREGIVER LEAVE
  • HOW MUCH LEAVE IS AVAILABLE?
  • 26 Weeks of leave in a 12 month period.

22
ACTIVE DUTY LEAVE
  • What is the Basis for Leave?
  • Any qualifying exigency that arises out of the
    fact that the spouse, or a son, daughter or
    parent of the employee is on active duty or has
    been notified of an impending call or order to
    active duty in the Armed Forces in support of a
    contingency operation.

23
ACTIVE DUTY LEAVE
  • WHAT IS A QUALIFYING EXTIGENCY?
  • Congress did not define the term "qualifying
    exigency" and has directed the Secretary of Labor
    to issue regulations to determine what
    constitutes such an exigency. 

24
NAVIGATING NEW FEDERAL FAMILY LEAVES
  • WHAT SHOULD EMPLOYERS DO TO ENSURE COMPLIANCE
    WITH NEW LEAVES?
  • Examine and revise current FMLA and Military
    Leave policies
  • Be on the look out for Secretary of Labors
    Regulations better defining these new leaves
  • Educate HR personnel and managers on new leaves

25
Thank You
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