N.J. Admin. Code § 13:14-1.4

Current through Register Vol. 56, No. 11, June 3, 2024

Section 13:14-1.4 - Terms of leave

(a) Family leave may be taken for up to 12 weeks within any 24-month period. The leave may be paid, unpaid, or a combination of paid and unpaid.

(b) Except where emergent circumstances warrant shorter notice, the employee who requests the leave must provide the employer with the following notice:

1. For intermittent or reduced leave to:

i. Care for or bond with a newborn or a child placed with the employee for adoption or foster care or to care for a family member with a serious health condition, at least 15 days' notice; or

ii. Care for a family member made necessary by an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease, the employee must provide notice as soon as practicable; and

2. For consecutive leave to:

i. Care for or bond with a newborn or a child placed with the employee for adoption or foster care, at least 30 days' notice; or

ii. Care for a family member with a serious health condition or to care for a family member made necessary by an epidemic of a communicable disease, a known or suspected exposure to a communicable disease, or efforts to prevent spread of a communicable disease, the employee must provide notice in a reasonable and practicable manner.

(c) In emergent circumstances, the employee must provide the employer with as much notice as possible.

(d) An employer may establish a policy that requires employees to provide such notice in writing, except that such policy must provide that, in emergent circumstances, an employee may provide the employer with oral notice when written notice is impracticable. The policy may require that an employee provide the employer written notice after submitting oral notice. A policy requiring written notice shall not be applicable to an employee unless the employer adequately informs the employee of such a policy.

(e) In determining the 24-month period in which the 12 weeks of leave shall be granted under the Act, an employer may choose from any of the following methods:

1. The calendar year;

2. Any fixed "leave year," such as a fiscal year or a year starting on an employee's "anniversary date";

3. The 24-month period measured forward from the date any employee's first leave under the Act begins; or

4. A "rolling" 24-month period measured backward from the date an employee uses any leave under the Act.

(f) An employer may choose any method of determining the 24-month period listed at (e) above, provided that employees are notified of the alternative chosen and the alternative chosen is applied consistently and uniformly to all employees. An employer wishing to change to another alternative is required to give at least 60 days' notice to all employees, and the transition must take place in such a way that the employees retain the full benefit of 12 weeks of leave under whichever method affords the greatest benefit to the employee. Under no circumstances may a new method be implemented in order to avoid the Act's leave requirements. If an employer fails to select and notify employees of one of the options listed at (e) above for measuring the 24-month period, the option that provides the most beneficial outcome for the employee will be used.

N.J. Admin. Code § 13:14-1.4

Amended by 46 N.J.R. 1884(c), effective 9/2/2014.

Amended by 53 N.J.R. 1792(c), effective 10/18/2021