N.J.A.C. 4A:6-1, Appx. APPENDIX

Federal New Jersey Issues Enforced by Enforced by Most U.S. Dept. Division Favorable to of Labor on Civil Rights, Employees Dept. of Law and Public Safety Employers Employers of 50 or Similar Comparable Covered more employees in at least 20 weeks of the current or preceding year Employees Have worked for Have worked New Jersey Eligible employer for at least 1,250 employer at least hours in preceding 1,000 hours in 12 months and preceding 12 employed for months and at least employed for at 12 months; and least employed 12 months at worksite by employer with 50 or more employees within 75 miles of that worksite Amount of 12 weeks during a 12 weeks during a Federal, Leave 12-month period 24-month period except for Leave for birth, No reduction in leave sharing adoption, or to leave requirement care for requirement for for spouses sick parent spouses working must be shared by for same employer spouses working for same employer Type of Birth, Birth or adoption, Federal for Leave adoption or serious health coverage of foster care; condition employee's own to care for of parent, parent serious health parent, child of spouse, child condition or spouse with or spouse New Jersey serious health for coverage condition, of inlaws or employee's own serious health condition Serious Means illness, Means illness, Comparable Health injury, impairment, injury, Condition or physical impairment, or or mental physical or condition involving mental condition incapacity or which requires treatment connected inpatient care with inpatient care in a hospital, in hospital, hospice, hospice or residential or residential medical treatment or medical-care continuing supervision facility; or by a health continuing treatment care provider by a health care provider involving: (1) incapacity or absence of more than 3 days from work, school or other activities; (2) chronic or long-term condition incurable or so serious if not treated would result in incapacity of more than 3 days; or (3) prenatal care. Health Means doctors Means any person Federal Care of medicine licensed under Provider or osteopathy Federal, authorized to State or local practice medicine law, or or surgery the laws in the State; of a foreign podiatrists, nation, to dentists, provide health clinical psychologists, services, optometrists, or any other chiropractors (for person who has manual manipulation been authorized to of spine to provide health care correct subluxation by a licensed demonstrated by health care Xray), nurse provider practitioners, and nurse-midwives, if authorized to practice under State law; or, Christian Science practitioners listed with the First Church of Christ, Scientist in Boston, Massachusetts Intermittent Not Federal in Leave Permitted permitted unless cases of for serious employer serious health condition and health when medically employee agree condition necessary. Not permitted for birth or adoption unless employer agrees Substitution Employee may Similar, but New Jersey of elect or an employer Paid Leave employer may r may require accrued only require paid leave an employee to be to exhaust substituted in paid leave some cases. while on No limits on family leave substituting paid if this policy vacation or is already personal leave. in place Employee may for other, not substitute unpaid leaves paid sick, of absence. medical, or family leave for any situation not covered by employer's leave plan. Reinstatement Must be restored to Similar Comparable Rights same or equivalent position in all terms and conditions Key Exempts salaried Exempts highest New Jersey Employee employees if paid five in most Exception among highest percent of cases paid 10 employees or percent and one of if restoration the seven would cause highest paid grievous economic employees, harm to employer whichever is greater, if restoration would lead to substantial economic injury to employer. Maintenance Health insurance Similar provision Federal or Health must be in New Jersey Benefits continued under has been During same held to Leave conditions as be preempted prior to leave by ERISA in an April 1, 1991 Superior Court of New Jersey ruling. Leave Made by Made by Comparable Requests employee employee 30 for 30 days in 0 days in birth or advance or as advance or adoption soon as as soon New Jersey practicable as practicable for serious for birth health or adoption, condition 15 days in advance or as soon as practicable for serious health condition. Medical Request for Similar for Federal Certification leave because serious health Not Applicable May Be of serious condition of Required By health condition family member. Employer To Certification may Support: also be required for the birth or placement of a child. Employee's fitness to Not applicable, return to work from law does not medical leave provide leave for employee's own serious health condition. Executive, Salaried executive, Unpaid leave Comparable Administrative administrative, would not and and professional result in Professional employees of loss of Employees covered employers exempt status who meet under State the Fair minimum wage Labor Standards and overtime Act (FLSA) law criteria for exemption from minimum wage and overtime under Regulations, 29 CFR Part 541, do not lose their FLSA exempt status by using any unpaid FMLA leave. This special exception to the "salary basis" requirements for FLSA's exemption extends only to "eligible" employees' use of leave required by FLMA.