N.J. Admin. Code § 13:14-1.5

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

Section 13:14-1.5 - Leave entitlements

(a) An eligible employee may take 12 weeks of family leave within any 24-month period in order to provide care made necessary by reason of:

1. The birth of a child of the employee;

2. The placement for adoption or foster care of a child with an employee;

3. The serious health condition of a family member of the employee; or

4. In the event of a state of emergency declared by the Governor, or when indicated to be needed by the New Jersey Commissioner of the Department of Health or other public health authority, an epidemic of a communicable disease, a known or suspected exposure to the communicable disease, or efforts to prevent spread of a communicable disease that:

i. Requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by order of a public official due to the epidemic or other public health emergency;

ii. Prompts the issuance by a public health authority of a determination, including by mandatory quarantine, requiring or imposing responsive or prophylactic measures as a result of illness caused by an epidemic of a communicable disease or known or suspected exposure to the communicable disease because the presence in the community of a family member in need of care by the employee, would jeopardize the health of others; or

iii. Results in the recommendation of a health care provider or public health authority, that a family member in need of care by the employee voluntarily undergoes self-quarantine as a result of suspected exposure to a communicable disease because the presence in the community of that family member in need of care by the employee, would jeopardize the health of others.

(b) The leave may be paid, unpaid, or a combination of paid and unpaid. Should an eligible employee take less than 12 weeks of family leave for any of the above reasons, such employee shall be entitled to take additional leave for any of the above reasons, provided that the total leave taken does not exceed 12 weeks in any consecutive 24-month period and the other qualifications and restrictions contained in the Act, attendant to each type of leave, are not abridged.

(c) An eligible employee is entitled to up to 12 weeks of family leave in order to care for such employee's newly born child or child placed for adoption or foster care with such employee. An employee is entitled to a family leave for the birth, adoption, or foster care of a child if the employer falls within the statutory definition of employer at the time leave commences and the leave begins within one year of the birth or placement for adoption or foster care of the child. An employee taking a family leave for any of these reasons may take consecutive leave or take leave intermittently or on a reduced leave schedule. When requesting family leave on an intermittent basis or reduced leave schedule, the employee shall make a reasonable effort to schedule such leave, so as not to unduly disrupt the operations of the employer, and if possible, prior to beginning the leave, the employee shall provide the employer with a regular schedule of the hours, days, days of the week, or weeks on which the leave will be taken. All leaves must be taken in conformance with the notice provisions at N.J.A.C. 13:14-1.4.

(d) An employee whose family member has a serious health condition is entitled to up to 12 weeks of family leave taken on a consecutive, reduced leave or when medically necessary, intermittent basis. The care that an employee provides need not be exclusive and may be given in conjunction with any other care provided. When requesting family leave on an intermittent basis or reduced leave schedule, the employee shall make a reasonable effort to schedule such leave so as not to unduly disrupt the operations of the employer, and if possible, prior to beginning the leave, the employee shall provide the employer with a regular schedule of the hours, days, days of the week, or weeks on which the leave will be taken. All leaves must be taken in conformance with the notice provisions at N.J.A.C. 13:14-1.4.

1. For purposes of this subsection, the total time within which an intermittent or reduced leave is taken may not exceed a 12-month period, if such leave is taken in connection with a single serious health condition. Intermittent leaves taken in connection with more than one serious health condition episode must be taken within a consecutive 24-month period, or until such time as the employee's 12-week family leave entitlement is exhausted, whichever is shorter. Any remaining family leave to which the employee is entitled, subsequent to the expiration of any or all intermittent or reduced leaves, may be taken in a manner consistent with this chapter.

(e) An employee who takes leave 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, is entitled to up to 12 weeks of family leave taken on a consecutive, reduced leave, or intermittent basis. The care that an employee provides need not be exclusive and may be given in conjunction with any other care provided. When requesting family leave on an intermittent basis or reduced leave schedule, the employee shall make a reasonable effort to schedule such leave, so as not to unduly disrupt the operations of the employer, and if possible, prior to beginning the leave, the employee shall provide the employer with a regular schedule of the hours, days, days of the week, or weeks on which the leave will be taken. There is a presumption that an intermittent or reduced leave schedule for an employee taking leave to provide care for a family member who has been diagnosed with a communicable disease or is suspected of having a communicable disease would disrupt unduly the operations of the employer. This presumption does not apply to an employee who does not come into contact with other people while working or an employee who can work remotely while taking the leave. Nothing in this section shall preclude an employer from requiring an employee requesting intermittent or reduced leave to provide care for a family member who has been diagnosed with a communicable disease or is suspected of having a communicable disease to work remotely during the time the employee is taking such leave to reduce or eliminate a health or safety risk. All leaves must be taken in conformance with the notice provisions at N.J.A.C. 13:14-1.4. For purposes of this subsection, the total time within which reduced leave is taken may not exceed a 12-month period, if such leave is taken in connection with a single declaration of a state of emergency by the Governor or indication by the New Jersey Commissioner of the Department of Health or other public health authority. Any remaining family leave to which the employee is entitled, subsequent to the expiration of a reduced leave, may be taken in a manner consistent with this chapter.

(f) If an employee needs intermittent leave or leave on a reduced leave schedule that is foreseeable, the employer may require the employee during the period of leave to temporarily transfer to an available alternative position for which the employee is qualified and which better accommodates recurring periods of leave than the employee's regular position. The alternative position must have equivalent pay and benefits to the employee's regular position. An employer may not transfer an employee to an alternative position in order to discourage the employee from taking leave or otherwise work a hardship on the employee. When an employee who is taking leave intermittently or on a reduced leave schedule and has been transferred to an alternative position is able to return to full-time work, they must be placed in the same or equivalent job as the one they left when the leave commenced.

(g) An employee's entitlement to return to work prior to the prearranged expiration of a requested family leave shall be governed by the employer's policy with respect to other leaves of absence.

1. If an employer permits an employee to return to work prior to the prearranged expiration of other leaves, then that policy shall similarly govern an employee's entitlement to return to work prior to the prearranged expiration of the requested family leave.

2. If an employer does not permit an employee to return to work prior to the prearranged expiration of other leaves, then the employee is not entitled to return to work prior to the prearranged expiration of family leave.

3. An employer which does not have a policy of either permitting or denying an employee to return to work prior to the prearranged expiration of any other leave of absence shall permit an employee to return to work prior to the prearranged expiration of requested family leave if the early return of an employee will not cause the employer undue hardship, such as, requiring the employer to incur the expense of continuing the employment of a temporary employee who was hired to replace the employee who is taking family leave.

(h) An employer shall not require an employee to take a leave of absence beyond the period of time that an employee requests family leave.

N.J. Admin. Code § 13:14-1.5

Amended by R.2007 d.77, effective 3/5/2007.
See: 38 N.J.R. 4627(a), 39 N.J.R. 781(c).
In (d)1, substituted "30" for "15"; and added (d)4.

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