Determining Your Leave Type
Prior to contacting HR, it is YOUR responsibility to review the types of leave available. We list serveral types of leave on this page so you can make the best determination for YOUR situation.
Non-FMLA, Non-NJFLA Leave of Absence
Eligible employees can request a leave of absence when justified by personal circumstances, such as specialized experiences, family issues, extenuating personal needs. This type of leave also includes the time off requested by any employee with illness or injury or those who are pregnant but do not meet the eligibility criteria for Family and Medical Leave or who have exhausted Family and Medical Leave. Personal Leaves may be granted to eligible employees with the approval of the Board of Education.
The Family Medical Leave Act (FMLA)
The FMLA entitles eligible employees of covered employers to take paid or unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:
Twelve workweeks of leave in a 12-month period for:
the birth of a child and to care for the newborn child within one year of birth;
the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
to care for the employee’s spouse, child, or parent who has a serious health condition;
a serious health condition that makes the employee unable to perform the essential functions of his or her job;
any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
Intermittent FMLA Leave
Employees may request intermittent leave, through FMLA and or NJFLA. This will allow you to take leave, not consecutively, to take care of an illness or an ill family member. A schedule must be approved with your supervisor or building principal. Paperwork must be completed based on which leave you are applying for. Intermittent days can be taken in half or full days. A total of 56 Intermittent Days can be taken.
The New Jersey Family Leave Act (NJFLA)
The New Jersey Family Leave Act entitles certain employees to take up to 12 weeks of family leave in a 24-month period without losing their jobs. With some exceptions, employers must provide this type of leave if:
The EMPLOYER has at least 50 employees (or at least 30 employees as of June 30, 2019), or is a government entity, regardless of size.
The EMPLOYEE has worked for that employer for at least one year, and has worked at least 1,000 hours during the last 12 months.
The LEAVE OF ABSENCE is being taken to care for or bond with a child within 1 year of the child’s birth or placement for adoption or foster care, OR to care for a family member, or someone who is the “equivalent” of family, who has a serious health condition.
Note that the New Jersey Family Leave Act does not provide leave for the employee’s own health condition. Employees may be eligible for additional leave under the federal Family and Medical Leave Act.
Except when emergent circumstances require shorter notice, the employee must give the employer the following notice before taking Family Leave:
For intermittent leave, at least 15 days’ notice;
For consecutive leave to care for a newborn or a child placed for foster care or adoption, at least 30 days’ notice; and
For consecutive leave to care for a family member with a serious health condition, notice “in a reasonable and practicable manner.”
In emergent circumstances, the employee should give the employer as much notice as possible.
To ensure that the employee meets the eligibility requirements, the employer may require the employee to provide a certification from a health care provider regarding the family member’s serious health condition, the date of a newborn’s birth or the date of placement for adoption or foster care.
Intermittent NJFLA Leave
Employees may request intermittent leave, through FMLA and or NJFLA. This will allow you to take leave, not consecutively, to take care of an illness or an ill family member. A schedule must be approved with your supervisor or building principal. Paperwork must be completed based on which leave you are applying for. Intermittent days can be taken in half or full days. A total of 56 Intermittent Days can be taken.