Leaves of Absence

Federal and state law provide certain eligible employees with the opportunity to take leaves of absence under certain circumstances related to the employee’s own serious health condition, the care of certain family members, or the birth or adoption of a child.

The federal Family and Medical Leave Act (“FMLA”) requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for the following reasons: incapacity due to pregnancy, prenatal medical care or child birth; to care for the employee’s child after birth, or placement for adoption or foster care; to care for the employee’s spouse, son, daughter or parent, who has a serious health condition; or for a serious health condition that makes the employee unable to perform the employee’s job.

The New Jersey Family Leave Act requires covered employers to provide up to 12 weeks of unpaid, job-protected leave to provide care made necessary by reason of either the birth or placement for adoption of a child; or the serious health condition of a child, parent, spouse or partner in a civil union couple.

The interplay between the FMLA and the New Jersey Family Leave Act is complex. As such, it is vital for employees to understand the distinctions between the FMLA and the New Jersey Family Leave Act as well as their rights under these laws.

The Law Office of Frank A. Custode, LLC represents employees in matters involving the FMLA and the New Jersey Family Leave Act.