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Leave of Absence under the Federal Family and Medical Leave Act of 1993, Amended on January 28, 2008

 

 

Under the Federal Family and Medical leave Act (FMLA), an employee may take a leave of absence with or without pay for the following reasons:

· The birth of a child (usually 4 weeks before to 6 weeks after the birth, 8 weeks for cesarean section); or

· To care for a newborn or due to the placement of a child for adoption, or for foster care; or

· Due to the employee’s own serious illness; or

· To care for a child, spouse or parent with a serious health condition.

The employee is entitled to take a leave for up to 12 weeks in a 12-month period.  This leave may be taken at a reduced or intermittent schedule with the approval of the departmental supervisor. To qualify for leave covered under the FMLA, the employee must have worked for 12 months and at least 1250 hours preceding the FMLA leave.

The January 28th amendment to the FMLA now entitles eligible employees to take leave for a covered family member’s service in the Armed Forces (Service Member FMLA).

Questions regarding FMLA may be directed to corbettk@tcnj.edu

Employee Entitlement to Service Member FMLA

Service Member FMLA provides eligible employees paid or unpaid leave for any one, or for a combination, of the following reasons:

· A “qualifying exigency” arising out of a covered family member’s active duty or call to active duty in the Armed Forces in support of a contingency plan; and/or

· To care for a covered family member who has incurred an injury or illness in the line of duty while on active duty in the Armed Forces provided that such injury or illness may render the family member medically unfit to perform duties of the member’s office, grade, rank or rating.

Duration of Service member FMLA

· When leave is due to a “Qualifying Exigency”: An eligible employee may take up to 12 workweeks of leave during any 12-month period.

· When leave is to care for an injured or ill Service Member: An eligible employee may take up to 26 workweeks of leave during a single 12-month period to care for the service member. Leave to care for an injured or ill service member, when combined with other FMLA-qualifying leave, may not exceed 26 weeks in a single 12-month period.

· Service Member FMLA runs concurrent with other leave entitlements provided under federal, state and local law.

Leave of Absence under the New Jersey Family Leave Act

The New Jersey State Family Leave Act (NJFLA) permits an employee to take a leave of absence with or without pay for the following reasons:

· To bond/care for a newborn child or because of the adoption of a child; or

· To care for one’s seriously ill child, spouse, or parent.

Leave may be taken for up to 12 weeks in a 24-month period.  Such leave may be taken on a reduced or intermittent schedule.  To qualify, the employee must be employed for at least 12 months or more, and must have worked not less than 1,000 hours during the last 12-month period.

The Newborn Bonding portion of Maternity leave is usually covered under the NJFLA. Under the NJFLA, a new parent is allowed to take 12 weeks of paid or unpaid leave to bond with the newborn child.

Determination: FMLA/NJFLA Concurrent or Cumulative

A leave of absence used under the FMLA and the NJFLA runs concurrently except in one circumstance: where an eligible employee requests leave first due to his or her own serious health condition and second due to the birth or adoption of a child or to care for a seriously ill dependent child, spouse or parent. In this circumstance, the employee is entitled to use his or her FMLA leave for the first request and retains his or her NJFLA leave to cover the second event.

Application of Earned Leave Time

An employee who is approved for leave under the FMLA and/or NJFLA may use accrued sick, vacation, energy, administrative leave or unpaid leave. The use of paid leave is in accordance with the NJ State Administrative Code, Title 4A. An employee on medical leave who uses all of his/her available sick leave may qualify for the New Jersey State Temporary Disability Insurance Program or The College’s Donated Leave Program (click to link to forms).

How to apply

To apply for leave covered under the FMLA or NJFLA, please contact the Office of Human Resources at corbettk@tcnj.edu.

Health Benefits

Employees participating in the State Health Benefits Program are entitled to continued health coverage under the FMLA and/or NJFLA while they are on family leave.  This includes all health care benefits as well as prescription drug, and dental insurance.  Please note that an employee with a required payroll deduction for health coverage will be responsible to make this payment to The College.

Pension

Service and salary credit for pension purposes are earned in the state retirement systems while in pay status only.  For periods where leave is taken on an intermittent or reduced schedule basis, an employee may be able to obtain pension credit depending upon the compensation received during the coverage periods involved.  Members under the Alternate Benefit Program must receive at least 50% percent of their base salary to make contributions to their account.

Members of Public Employees Retirement System, Teachers Pension Annuity Fund and Police and Fire Pension System may purchase service credit for up to three months for a family leave.  The Alternate Benefits Program does not have such a provision.

Life Insurance

The employee’s group life insurance coverage will continue up to 93 days while on an official family leave.  In this case contributions are required to continue coverage under the contributory plan.

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