How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Zachary Your Own Question

Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3818
Experience:  Contracts, Wrongful termination and discrimination
Type Your Employment Law Question Here...
Zachary is online now
A new question is answered every 9 seconds

does the employer have to pay for a maternity leave in nj?

Resolved Question:

does the employer have to pay for a maternity leave in nj? small business.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question.

The laws in New Jersey do not require that an employer offer paid maternity leave. New Jersey law only requires that an employer provide 12 weeks of unpaid leave to an employee per year for medical conditions, such as pregnancy or for maternity (child-mother post natal bonding time). This law only applies to an employee who has worked at leave 1,000 hours for the employer from which she is seeking leave in the past 12 months.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

is there a statute or law i can look up and have a record of?

Expert:  Zachary replied 1 year ago.
Certainly.

There are two statutes which apply concurrently to most employers/employees in New Jersey: Federal Family Medical Leave Act and the New Jersey Family Medical Leave Act.

FMLA = http://www.dol.gov/whd/fmla/

NJFMLA = http://www.state.nj.us/treasury/pensions/epbam/additional/fmla-qa.htm

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Customer: replied 1 year ago.

how much do you get?


 


is the employer "harmed" by an employee filing for a disability?

Expert:  Zachary replied 1 year ago.
When you say how much do you get, what exactly do you mean? How much money? How much time?

In regard to harm, when an employee files for disability, the employer is not harmed in any way, as disability payments are made by the government or by a private insurer.
Customer: replied 1 year ago.

so, after an employee files for disability, it's not like an employer will have to pay more to the state in some form of tax next time, right?

 

what i meant was, how is it calculated what employee will actually be receiving as her unemployment benefit?

Expert:  Zachary replied 1 year ago.
Well, I'm not sure we are talking about the same thing anymore. If an employee takes medical leave for maternity, then there is no paid benefit that comes along with that.

Maternity is not a qualifying status for government disability.

Unemployment compensation is not paid when an employee is on medical leave.

If you can tell me some more specifics about your situation, I can tell you what your options are.
Customer: replied 1 year ago.

if you are pregnant, you take a maternity leave. employer does not have to pay for it, but they do have to give you 12 weeks unpaid, right?


 


if you employer does not pay for it, you can apply for a disability with the state, right? so, state will pay you something. so, how much is that something is.


 


am i not understanding this correctly?

Expert:  Zachary replied 1 year ago.
OK. I see what you are saying now.

Yes, you are correct. The employer does not have to pay you during the leave.

If you are pregnant, eligibility for temporary disability benefits is determined in the same manner as for any other disabling condition. When you have stopped working and your doctor certifies that you are disabled, complete the claim form (DS-1) and mail it to this Division. If you become disabled within 14 days of your last day of work, you may be eligible for State Plan temporary disability benefits. If your disability begins more than 14 days after your last day of work, you may be eligible under the Disability During Unemployment Program. If your employer has a Private Plan for temporary disability benefits, submit your claim through that plan.

For a normal pregnancy, benefits are usually payable for up to four (4) weeks before the expected delivery date and up to six (6) weeks after the actual delivery date (provided that you have not worked during that time). A doctor may certify that you are disabled for a longer period if:

You experience specific complications related to pregnancy.
You undergo a Cesarean section.
You have another simultaneous disability.
You are physically unable to do your regular job


IMPORTANT:
Do not file your claim before your doctor says that you are disabled and unable to work.

Do not file your claim until you have actually stopped working.

Your claim may be denied if you file before you become disabled or before you stop working.

Your weekly benefit rate is calculated using your average weekly wage. The average weekly wage is generally based on the earnings in the eight calendar weeks immediately before the week in which the disability begins. The total wages earned during all base weeks worked in the eight week period are divided by the number of such base weeks to obtain the average weekly wage. Each claimant is paid two-thirds (2/3) of his/her average weekly wage up to the maximum amount payable set for that calendar year. The maximum weekly benefit rate is $584 for disabilities beginning on or after January 1, 2013.

For example, you earned the following weekly wage in the last eight weeks before becoming disabled:

Week 1 -- $300

Week 5 -- $300

Week 2 -- $250

Week 6 -- $300

Week 3 -- $250

Week 7 -- $350

Week 4 -- $300

Week 8 -- $350


Total wages for those eight weeks = $2400


$2400 divided by 8 = $300


Your average weekly wage is $300


The Weekly Benefit Rate = $200 which is two-thirds of $300


Maximum Benefit Amount (MBA)

The maximum benefit amount which may be paid for each period of disability is one-third (1/3) of the total wages you earned in New Jersey covered employment during the base year, or 26 times the weekly benefit amount, whichever is less.
Customer: replied 1 year ago.

ok. thanks.

Expert:  Zachary replied 1 year ago.
You're welcome. I'm glad to be able to help.

Please remember to rate my answer positively so that I may be paid for my work with you here today.

Thanks,
ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3818
Experience: Contracts, Wrongful termination and discrimination
Zachary and 7 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.