Re: OMG Great News To Share!!!!!!!!!!

Posted by davenjess

Posted by nov04libride

Posted by MrsS2005

Posted by jerseypanda

Jess, maybe you can help me clarify this new thing. I have heard about it and am very excited because I live in NJ.

But I thought it ran concurrently with your FMLA. From your post, you make it sound like you get an extra 6 weeks on top of your 12 weeks FMLA.

Do you know which is right? Because I would LOVE to be able to be off for 18 weeks instead of 12 when #2 comes along in December!

It runs concurrently. It basically entitles you to additional monetary benefits, but not additional leave. This is from the NJ Department of Labor's website:

Must an employee who is taking NJFLA or FMLA covered leave to care for a seriously ill family member or to bond with a newborn or newly adopted child also file a claim for Family Leave Insurance benefits for that same period of leave?

No. The law does not compel an employee to file a claim for Family Leave Insurance benefits at any given time. The law does state that an individual who is entitled to leave covered under the NJFLA or FMLA must “take” any Family Leave Insurance benefits “concurrently with leave taken pursuant to the NJFLA or the FMLA.” This may be misconstrued by some to mean that when an employee requests and is granted permission by his or her employer to take leave from work to care for a seriously ill family member or to bond with a newborn or newly adopted child and where such leave is covered under the NJFLA or FMLA the employee must also apply for Family Leave Insurance benefits for the same period of leave. However, the purpose of the concurrent leave provision is not to compel an employee to apply for Family Leave Insurance benefits at any given time, but rather to ensure that the law which established the Family Leave Insurance program does not confer upon employees an additional six weeks of leave entitlement beyond the 12 weeks of unpaid leave to which such employees are entitled under the NJFLA and FMLA. The Family Leave Insurance benefits program does not confer upon employees any leave entitlement whatsoever, but rather, establishes a monetary benefit for which employees may or may not file a claim either with the State or with a private plan provider. Family Leave Insurance benefits eligibility will be determined on a case-by-case basis without any regard to whether the claimant is on NJFLA or FMLA covered leave during the period for which he or she is applying for Family Leave Insurance benefits.

That's great, but it looks like Brooke is right--it doesn't entitle you to any additional leave--

"However, the purpose of the concurrent leave provision is not to compel an employee to apply for Family Leave Insurance benefits at any given time, "but rather to ensure that the law which established the Family Leave Insurance program does not confer upon employees an additional six weeks of leave entitlement beyond the 12 weeks of unpaid leave to which such employees are entitled under the NJFLA and FMLA. The Family Leave Insurance benefits program does not confer upon employees any leave entitlement whatsoever , but rather, establishes a monetary benefit for which employees may or may not file a claim either with the State or with a private plan provider"

i can only tell you what my HR rep found out after talking with the state - and the info i got when i called the automated system from the state.

Re: OMG Great News To Share!!!!!!!!!!

How awesome is that!!!!!!!!!!!