Understanding Federal FMLA and the New Jersey Family Leave Act
The federal Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave in a 12-month period for medical or family-related reasons. Employees must be returned to the same or a comparable job, and health benefits must be maintained during the leave period.
New Jersey also offers separate protections under the New Jersey Family Leave Act (NJFLA). While similar in structure to the federal FMLA, NJFLA differs in key ways. It allows up to 12 weeks of unpaid, job-protected leave within a 24-month period, but only for the care of a family member with a serious health condition or for bonding with a new child. NJFLA does not cover leave for an employee’s own medical condition, meaning that many workers may need to coordinate both laws for full protection.
In addition, New Jersey provides wage replacement benefits through its Family Leave Insurance (FLI) program. However, FLI is a financial benefit and does not provide job protection on its own. Workers must qualify for leave under either FMLA or NJFLA to retain employment protections.
Can You Be Laid Off While on Protected Leave?
Neither federal FMLA nor NJFLA prohibits all terminations during protected leave. An employer may lawfully lay off an employee who is on leave if the termination is based on legitimate business reasons that are unrelated to the leave itself. Common examples include company-wide layoffs, departmental restructuring, or performance-based terminations that were documented before the leave began.
However, the law strictly forbids retaliation or interference. If an employer cites the employee’s leave as a factor in the decision to terminate, or if they selectively lay off employees on leave while retaining others in similar roles, it could be a violation of the employee’s rights. If a claim is filed, the employer must be able to demonstrate that the layoff would have occurred regardless of the employee’s protected status under FMLA or NJFLA.
New Jersey courts scrutinize the timing and rationale behind layoffs that occur during or shortly after a protected leave period. Employers must ensure they are consistent in applying layoff criteria and avoid any actions that could appear retaliatory.
What to Do If You Are Laid Off While on Leave
If you lose your job while on leave, ask your employer for written documentation explaining the reason for your termination. Review whether similar employees were also laid off and whether the company had any pre-existing plans to reduce staff. If you suspect your leave played a role in the decision, contact an employment lawyer promptly. Evidence such as performance records, internal memos, or timing patterns can support a claim under FMLA, NJFLA, or anti-retaliation laws.
Conclusion
New Jersey employees benefit from overlapping protections under FMLA and NJFLA, as well as income support through FLI. However, these laws do not prevent layoffs that are genuinely unrelated to the leave. Employers must be able to justify any terminations based on neutral business reasons and cannot use leave as a pretext for unlawful dismissal. If you believe your rights were violated, Romano Law can help you secure reinstatement or financial relief.
Contributions to this blog by Kennedy McKinney.