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  About the NJ Law Against Discrimination (LAD)

The New Jersey Law Against Discrimination (N.J.S.A. 10:5-12) (LAD) makes it unlawful to subject people to discrimination or harassment based on race, creed, color, national origin, nationality, ancestry, sex, pregnancy, breastfeeding, sexual orientation, gender identity or expression, disability, familial status, marital status, domestic partnership/civil union status, liability for military service, and in some cases atypical hereditary cellular or blood trait, genetic information, and age. The LAD prohibits unlawful discrimination in employment, housing, places of public accommodation, credit and business contracts. Not all of the foregoing prohibited bases for discrimination are protected in all of these areas of activity. For example, familial status is only protected with respect to housing.

Learn more about the types of discrimination covered by the LAD

 
     
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  About The NJ Family Leave Act (FLA)

The New Jersey Division on Civil Rights enforces the New Jersey Family Leave Act (NJFLA), which requires covered employers to provide eligible employees job-protected time off from work to care for or bond with a child within 1 year of the child’s birth or placement for adoption or foster care, or to care for a family member (a parent, grandparent, parent-in-law, child, grandchild, sibling, spouse, or any blood relative) or someone who is the “equivalent” of family, with a serious health condition. The NJFLA provides for up to 12 weeks of leave in a 24-month period.
Below are the three most frequently asked questions regarding the Family Leave Act:

1. Which employers are covered by the NJFLA?

2. Which employees are eligible for leave under the NJFLA?

3. How does the NJFLA relate to the federal Family and Medical Leave Act?

  1. Which employers are covered by the NJFLA?
    Until June 30, 2019, employers with 50 or more employees anywhere worldwide are covered by the NJFLA. Beginning on June 30, 2019, all employers with 30 or more employees worldwide will be covered. In addition, all state and local government agencies, regardless of size, are covered by the NJFLA.

  2. Which employees are eligible for leave under the NJFLA?
    To be eligible for family leave under the NJFLA, an employee must be employed in New Jersey by a covered employer. The employee also must have been employed for at least 12 months for the employer, and must have worked at least 1,000 hours in the preceding 12 months.

  3. How does the NJFLA relate to the federal Family and Medical Leave Act? Like the NJFLA, the federal Family and Medical Leave Act (FMLA) also provides time off from work in connection with the birth or placement for adoption or foster care of a child, or the serious illness of a parent, child or spouse. When an employee takes a leave for a purpose covered by both the FMLA and the NJFLA, the leave simultaneously counts against the employee’s entitlement under both laws.

Both the NJFLA and the FMLA provide leave in certain circumstances where the other does not. For example, the FMLA provides time off from work due to an employee’s own illness or disability, while the NJFLA does not. Thus, even though an employee has exhausted all of his or her leave under the federal FMLA due to his or her own disability, the employee may still be entitled to time off under the NJFLA to bond with or care for a newborn, or in connection with the placement of a child for adoption or foster care, or to care for a family member or someone who is the equivalent of family with a serious illness. Similarly, the NJFLA provides time off to care for a person who is “equivalent” to family, while the FMLA does not. So an employee who exhausts his NJFLA leave in that circumstance may still be entitled to FMLA leave.

In addition, the FMLA provides up to 12 weeks of leave in a 12-month period, rather than a 24-month period as provided in the NJFLA.

 
     
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