Understanding Your Leave of Absence Rights
Understanding your rights and options when it comes to a leave of absence can be complex. D’Andrea Law PLLC can help navigate your entitlement to unpaid, job-protected leave under FMLA and explore the various state-equivalent leave and/or wage replacement options. Leave can typically be taken concurrently or intermittently. Even if you are not entitled to a specific federal or state leave program, you may entitled to a leave of absence as a reasonable accommodation for a disability.
Here’s a quick, non-exhaustive overview of various leave options:
- Family and Medical Leave Act (FMLA)
- Eligibility: Applies to employers with 50 or more employees. Employees must have worked for at least 12 months and logged 1,250 hours in the past 12 months.
- Duration: Up to 12 weeks of unpaid leave within a 12-month period.
- Purpose: To care for a newborn, a newly adopted or foster child, a family member with a serious health condition, or for the employee’s own serious health condition.
- Job Protection: The employee’s job must be held open and they are entitled to be reinstated to the same or an equivalent position upon return.
- Health Benefits: Health insurance coverage must continue during the leave period under the same conditions as if the employee were working.
- New York Paid Family Leave
- Eligibility: Applies to employers with at least one employee. Full-time employees who worked a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment. Part-time employees who worked a regular schedule of less than 20 hours per week are eligible after working 175 days, which do not need to be consecutive.
- Duration: Up to 12 weeks of paid leave within a 52-week period.
- Purpose: To bond with a newborn, newly adopted, or newly fostered child; to care for a family member with a serious health condition; for qualifying exigencies arising out of a family member’s military deployment.
- Benefits: Employees receive a percentage of their average weekly wage, capped at a maximum amount set annually. Benefits are paid through employee payroll deductions and administered by the state’s disability benefits law.
- Job protection: Job protection is guaranteed, meaning employees are entitled to return to their same or equivalent position. Your employer cannot retaliate against you for taking such leave.
- Health Benefits: Health insurance coverage continues during the leave if the employee continues to pay their share of premiums.
- New Jersey Family Leave Act
- Eligibility: Applies to employers with at least 30 employees. The employee must have worked for their employer for one year and at least 1,000 hours during the last year immediately the preceding the leave.
- Duration: Up to 12 weeks of paid leave within a 24-month period.
- Purpose: To care for a newborn, newly adopted, or newly fostered child; to care for a family member with a serious health condition.
- Benefits: Employees receive a percentage of their average weekly wage, with a maximum benefit amount set annually. Benefits are funded through employee payroll contributions and administered by the state’s Family Leave Insurance program.
- Job protection: Job protection is guaranteed, meaning employees are entitled to return to their same or equivalent position. Your employer cannot retaliate against you for taking such leave.
- Health benefits: The employer must continue to provide the employee employment benefits during the protected leave, such as group life insurance, health insurance, disability insurance, sick leave, annual leave, pensions or other similar benefits while they are on family leave.
- Leave of Absence as a Disability Accommodation
- Purpose: A leave of absence as a disability accommodation allows employees to take time off work to manage health conditions or recovery needs.
- Eligibility: Available to employees with qualifying disabilities under laws like the ADA (Americans with Disabilities Act) or FMLA (Family and Medical Leave Act). Employers must engage in the interactive process – or the cooperative dialogue in New York City.
- Duration: The length of leave can vary based on individual needs and medical advice, and can be short-term or long-term.
- Job Protection: This leave generally ensures job protection and the continuation of benefits, though specifics can vary by jurisdiction and employer policies.
- Return-to-Work: Employees may need to provide a fitness-for-duty certificate before returning, and accommodations may be adjusted as needed.
- Confidentiality: Health information shared in this process should be kept confidential and used only for the purposes of accommodation and support.
Given how complex and confusing leave of absence laws may seem, it is best to consult with an employment lawyer. D’Andrea Law PLLC has extensive experience navigating these laws and wage replacement programs.