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Does the employer have to pay for a maternity leave in NJ?

small business....
does the employer have to pay for a maternity leave in nj? small business.
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Answered in 27 minutes by:
6/13/2013
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
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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
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Customer reply replied 4 years ago

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

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
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Customer reply replied 4 years ago

how much do you get?


 


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

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.
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Customer reply replied 4 years 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?

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.
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Customer reply replied 4 years 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?

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.
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Customer reply replied 4 years ago

ok. thanks.

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
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
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