Legal Question in Employment Law in New Jersey

Re: Medical Leave of Absence

The simple answer:

To your first question, No.

To your second question, Yes.

Under the federal Family and Medical Leave Act of 1993 and New Jersey Family Leave Act:

Employees are eligible if they have worked for a covered employer, with at least 50 employees, for at least one year and for at least 1,000 hours over the previous 12 months.

Upon return from NJFLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.

Information and details can be found at the following link:

http://www.state.nj.us/treasury/pensions/epbam/additional/fmla-overview.htm