Legal Question in Employment Law in New Jersey

Re: maternity leave

If your NJ company has 50 or more employees (20 hrs/week or more), you must comply with the provisions of both the NJ Family Leave Act and the federal Family and Medical Leave Act for all eligible employees. The employee must also comply with the acts. Time that is applicable to both acts runs concurrently.

If the employee overstays the leave, they are absent without authorization and subject to termination of other discipline. In that case, however, it is best to provide a written notice and an opportunity for an internal hearing. That will cover the bases in the event that there is reason under either act to count the time differently than you have.

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