New Jersey’s Family Leave Insurance law provides eligible employees with up to six weeks of family leave benefits to care for a newborn or newly adopted child, or to care for a child, spouse, domestic partner, civil union partner or parent with a serious health condition. Employees will be eligible to begin receiving family leave benefits on July 1, 2009.

By no later than December 15, 2008, all New Jersey employers subject to the New Jersey Unemployment Compensation Law must conspicuously post this poster in a place accessible to all New Jersey employees.  Employers also must provide a written or electronic copy of the poster to all New Jersey employees:

• No later than December 15, 2008;

• At the time of an employee’s hiring (if hired during or after November 2008);

• Whenever an employee notifies the employer that he/she is taking paid family leave to bond with a newborn or newly adopted child or to care for a seriously ill family member; and

• At any time, upon the first request of an employee.  The written notification may be electronically transmitted to employees.

• Family Leave Insurance Poster - Letter Size
  Family Leave Insurance Poster, Spanish - Letter Size
  Family Leave Insurance Poster - Legal Size 
  Family Leave Insurance Poster, Spanish - Legal Size 

The NJDOL’s new webpage also contains a copy of the Paid Family Leave Insurance Law, an additional FAQ sheet, a chart detailing employee contribution rates under the new law, and contact information for state plan operators and private plan operators.

Coverage

Employment, including employment with government entities, covered under the New Jersey Unemployment Compensation Law is covered for Family Leave Insurance.

Employees may be covered under:

• the State Plan;

• an approved Private Plan; or

• Family Leave Insurance benefits during unemployment, if the period of leave begins more than 14 days after the last day of work.

43:21-27. Definitions

As used in this act, unless the context clearly requires otherwise:

(a)    (1) "Covered employer" means, with respect to whether an employer is required to provide benefits during an employee's own disability pursuant to P.L.1948, c.110 (C.43:21-25 et al.), any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, who is an employer subject to the "unemployment compensation law" …

"Covered employer" means, after June 30, 2009, with respect to whether the employer is an employer whose employees are eligible for benefits during periods of family temporary disability leave pursuant to P.L.1948, c.110 (C.43:21-25 et al.), and, after December 31, 2008, whether employees of the employer are required to make contributions pursuant to R.S.43:21-7(d)(1)(G)(ii), any individual or type of organization, including any partnership, association, trust, estate, joint-stock company, insurance company or domestic or foreign corporation, or the receiver, trustee in bankruptcy, trustee or successor thereof, or the legal representative of a deceased person, who is an employer subject to the "unemployment compensation law".

http://lwd.dol.state.nj.us/labor/fli/fliindex.html

Funding

100% funded by employee contributions through payroll deductions beginning January 1, 2009. The taxable wage base is the same as for Unemployment Insurance and Temporary Disability Insurance and changes each calendar year.

• 0.09% of the taxable wage base in 2009.

• 0.12% of taxable wage base for each subsequent year.

Employer contributions are not required.

Family Leave Facts

• The Family Leave Insurance benefits program provides covered individuals Family Leave Insurance benefits, a monetary benefit, not a leave entitlement.

• The Family Leave Insurance benefits program does not establish the right of a covered individual to be restored to employment following a period of leave from work to participate in providing care for a family member who has a serious health condition or to bond with a newborn or newly adopted child. However, a covered individual’s job may be protected if the employer is subject to the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA). An employer can require an employee to use up to two weeks of any paid sick leave, vacation time, or other leave at full pay made available by the employer.

• Benefit entitlement may be reduced up to two weeks for any paid sick leave, vacation time, or other leave at full pay required to be taken by the employer.

• An employee who intends to take a leave and claim Family Leave Insurance benefits to participate in providing care for a family member who has a serious health condition must give the employer reasonable and practicable notice unless the time of the leave is unexpected or the time of the leave changes for unforeseeable reasons. An employee who intends to take the leave on an intermittent basis must provide the employer with a minimum of 15 days notice.

• An employee who intends to take a leave and claim Family Leave Insurance benefits to bond with a newborn or newly adopted child must give the employer thirty (30) days notice prior to the beginning of the leave. Intermittent leave to bond with a newborn or newly adopted child must be taken in periods of seven (7) days or more and the intermittent schedule must be agreed to by the employee and the employer.

• A formal appeal can be submitted to the Division of Temporary Disability Insurance if an employee or employer disagrees with a determination on a claim. Appeal rights and provisions are explained on all decisions issued by the Division.

Information provided by Richard Gaynor, Middleton & Co. Insurance, (973)383-5525 - Ext. 220, (973)383-9602 - Fax, rgaynor@middletonins.com, www.middletonins.com.