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

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

• A Presentation by
• Laura H. Corvo, Esq.
• LeClairRyan

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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

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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

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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)
  

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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

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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

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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

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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

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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.
  

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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

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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)

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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

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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
  

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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

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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

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NAVIGATING NEW FEDERAL FAMILY LEAVES

• WHAT CHANGES ARE IN STORE FOR THE FEDERAL FAMILY
  AND MEDICAL LEAVE ACT?
  

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NAVIGATING NEW FEDERAL FAMILY LEAVES

• NEW FAMILY LEAVES FOR FAMILY OF MEMBERS OF THE
  ARMED SERVICES
  

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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.
  

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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.

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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.

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CAREGIVER LEAVE

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

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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.

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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. 

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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

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Thank You