New Jersey Maternity Leave Laws

Pregnant women in New Jersey have two government-mandated forms of maternity leave. The Family and Medical Leave Act is a federal law that provides protection for expectant mothers seeking maternity leave. Additionally, the New Jersey Family Leave Act is a state law that provides maternity leave protection and requirements.

  1. Federal Family and Medical Leave Act

    • The FMLA usually covers the time period during the four weeks before and six weeks after the birth of a baby.

      The FMLA permits an employee to take a paid or unpaid leave of absence for the birth of a child. The employee may take up to 12 weeks of leave in a 12-month period and must be taken within one year of the child’s birth. To qualify for FMLA leave, an employee must have worked for her employer at least 12 months, have worked at least 1,000 hours and work at a location with at least 50 employees.

    New Jersey Family Leave Act

    • The child care portion of maternity leave is covered under the NJFLA.

      The New Jersey State Family Leave Act, or NJFLA, permits an employee to take a paid or unpaid leave of absence for the birth of a child. Employees are allowed 12 weeks of paid or unpaid leave in a 24-month period. To qualify for NJFLA leave, an employee must be employed for at least 12 months and must have worked at least 1,000 hours during the past 12 months.

    Concurrent Application

    • FMLA and NJFLA leave apply concurrently in most situations.

      FMLA and NJFLA leave apply concurrently in most situations. Some employers do offer the option to take both leaves separately; however, this is employer-specific. The only circumstance in which the two must legally be separated is where an employee requests FMLA leave for her own serious health condition and then subsequently requests leave for the birth of her child under the NJFLA. The employee must provide written notice to her employer identifying which leave she is taking.

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