FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period. The leave can be taken for the birth, adoption or foster placement of a child, the care of a family member with a serious health condition or the employee's own serious health condition. The purpose of FMLA is to enable employees to more easily balance the obligations of work and family without being disciplined or losing their job.

Who is Covered by FMLA

 

  • Private Sector: Employers with 50 or more employees on each working day for at least 20 weeks during the current or previous year.
  • Public Sector: Federal government, its agencies, and US Postal Service·State government, agencies (including schools) and political subdivisions

Situations Covered by FMLA Leave

  • Birth of a child, adoption of foster care
  • Care of a spouse, child or parent with serious health condition
  • Employee's own serious health condition involving any of the following...
    • inpatient care in a medical facility or subsequent treatment for such inpatient care
    • inpatient care in a medical facility or subsequent treatment for such inpatient care
    • incapacity requiring more than 3 days of absence from work
    • incapacity or treatment due to a chronic health condition (e.g. asthma, epilepsy)
    • any period of incapacity which is permanent or long-term due to a condition which may not be effectively treated (e.g. Alzheimer's Disease)
    • any period of absence to receive multiple treatments either for reconstructive surgery or which would result in at least 3 consecutive days of absence without such medical intervention 

In order to be eligible for FMLA, and Employee must...

  • Have 12 months of service at the time leave begins.
  • Have worked at least 1,250 hours within the last 12 months immediately preceding the begin of leave.
  • Work at a site where there are 50 or more employees of the same employer.

Intermittent Leave Options

FMLA may be taken in separate blocks of time. It may be scheduled in periods as brief as one hour to blocks of several weeks. The employee may use FMLA leave to reduce their hours per day or week (e.g. may need to go from 8 hours per day to 6 hours per day). 

Is the FMLA Paid or Unpaid Leave Time?

The FMLA is not a "bank" of leave time that you can use like sick or vacation leave. FMLA does not provide paid leave - your paid leave benefits will be covered by your contract or other law.

You can choose to take your own paid leave (sick, vacation, disability, personal leave) to care for yourself or an injured/ill family member. FMLA provides security to you during that leave and for extended unpaid leave.

Who Decides if the Leave is Covered by FMLA?

The FMLA is not a "bank" of leave time that you can use like sick or vacation leave. FMLA does not provide paid leave - your paid leave benefits will be covered by your contract or other law.


About CWA 1036

Communications Workers of America Local 1036 represents over 7,000 members and working families in both the public and private sector. Our members excel in a variety of careers working for the State of NJ, the NJ Judiciary, county and municipal government, and the health care industry: blue collar, professionals, administrative, attorneys, scientists, 911 dispatchers, librarians, engineers, nursing home workers, environmental professionals, doctors, and more.

NJ State Contracts

Executive Branch Units
(7/1/2011 - 6/30/2015)


Judiciary Members
(7/1/2012-6/30/2016)

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