Law: Paid Family Leave comes to New Jersey

An advisory from New Jersey defense attorney Steve Gerber:

Dear clients and colleagues:

On May 2, 2008, Governor Jon Corzine signed the Paid Family Leave Act, (the "PFLA"), making New Jersey the third state that provides workers with paid family leave benefits. The PFLA extends temporary disability insurance or TDI to provide paid family leave benefits of up to six weeks during any twelve month period for employees caring for sick family members, newborn and newly adopted children. Benefits under this new law will be substantially the same as employees on temporary disability leave for their own disabilities. The employee is entitled to collect two-thirds of their weekly salary up to $524, beginning after a one-week waiting period. The TDI benefit under the PFLA will be funded partially through employee contributions of approximately $33 per year, along with mandatory employer contributions. The PFLA provides that employee contributions will begin on January 1, 2009, and the payment of benefits will begin on July 1, 2009.

Employees must give notice to their employer of their intention to take paid leave under the Act. However, the amount of notice depends upon the reason for the leave.

Moreover, the PFLA does not on its own, grant employees any entitlement to job reinstatement. However, for employers with fifty or more employees, the paid leave under the PFLA runs concurrent with the FMLA, which does.