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Can You Take FMLA Leave for Maternity After Returning to Work

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  • 04-25-2012, 08:19 AM
    41okgirl
    Can You Take FMLA Leave for Maternity After Returning to Work
    My question involves employment and labor law for the state of: New Jersey

    I am a new mother. I had my baby unexpectedly and was actually at work during the early stages of labor. I took 7 weeks off and immediately returned to work. I thought this was the right choice, but soon found that it was not. After 2 1/2 months back to work I am regreting not taking my time with the baby. Am I still entitled to leave and if so how much time? I have over 6 weeks of paid time off accumulated. I used only temorary disability when I was on maternity leave. New Jersey has the family leave insurance act and also the new jersey family leave act but they are very confusing. I want to make sure I am entitled to the leave before I go to my employer about it or I will get fired. I am greatful for any help you can provide.
  • 04-25-2012, 09:47 AM
    Beth3
    Re: Fmla
    You are entitled to up to 12 weeks of leave time following the birth of the baby. If you've taken seven weeks, you are entitled to take five more weeks within 12 months following the birth. I can't speak to NJ's FMLA but under federal law, this will be considered baby bonding time and is subject to the convenience of the employer. (In other words, they have to grant the time but they can require you to take the five weeks at a time that is convenient for them.)
  • 04-25-2012, 08:09 PM
    Betty3
    Re: Fmla
    You might want to review these links re the federal FMLA, NJ FMLA (NJFLA) & the Paid Family Leave Act.

    federal FMLA - http://www.dol.gov/whd/fmla/index.htm - job protection - unpaid leave

    NJ Fam. Leave act (NJFLA) - http://www.nj.gov/oag/dcr/law.html#FLA job protection - unpaid leave

    NJ Paid Fam. Leave Act - employees may take up to 6 wks. of pd. family leave at any time within one year of the birth or adoption of a child, etc. (see link) - no job protection but paid leave http://lwd.state.nj.us/labor/fli/fliindex.html

    questions & answers re above pd. fam. leave - http://lwd.state.nj.us/labor/fli/content/fli_faq.html

    N J also has a state disability income plan to get pd. while off on unpd. disability leave. http://lwd.dol.state.nj.us/labor/tdi/tdiindex.html This is NOT leave but pay/income while you are on leave - it gives you no add'l. leave time.
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