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Know
The Law |
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About
the NJ Law Against Discrimination (LAD) |
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The
New Jersey Law Against Discrimination (LAD)
makes it unlawful to subject people to differential
treatment based on race, creed, color, national
origin, nationality, ancestry, age, sex (including
pregnancy), familial status, marital status, domestic
partnership or civil union status, affectional
or sexual orientation, gender identity or expression,
atypical hereditary cellular or blood trait, genetic
information, liability for military service, and
mental or physical disability, perceived disability,
and AIDS and HIV status. 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. The Division
has promulgated regulations that explain that
a place of public accommodation must make reasonable
modifications to its policies, practices or procedures
to ensure that people with disabilities have access
to public places. The regulations also explain
that under the LAD, these reasonable accommodations
may include actions such as providing auxilliary
aides and making physical changes to ensure paths
of travel. |
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About
The NJ Family Leave Act (FLA) |
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The
New Jersey Division on Civil Rights enforces the
New Jersey Family Leave Act (NJFLA), which requires
covered employers to grant eligible employees
time off from work in connection with the birth
or adoption of a child or the serious illness
of a parent, child or spouse. The NJFLA's definition
of "parent" includes a parent-in-law or a stepparent.
The NJFLA provides for up to twelve weeks of leave
in a 24-month period. The 24-month period begins
on the first day of the employee's first NJFLA
leave. |
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Below
are the three most frequently asked questions
regarding the Family Leave Act: |
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1.
Which employers are covered by the NJFLA? |
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All
employers with 50 or more employees anywhere worldwide
must comply with the NJFLA for their New Jersey
employees.
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2.
Which employees are eligible for leave under the
NJFLA? |
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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 twelve (12) months
for the employer, and must have worked 1,000 base
hours in the preceding twelve (12) months. |
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3.
How does the NJFLA relate to the federal Family
and Medical Leave Act? |
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Like
the NJFLA, federal Family and Medical Leave Act
(FMLA) also provides time off from work in connection
with the birth or adoption 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. |
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The
FMLA provides time off from work due to an employee's
own disability, while the NJFLA does not provide
covered employees with leave for their own disabilities.
Thus, even though an employee may utilize all
of his or her allotted time under the federal
FMLA due to his or her disability, the employee
may subsequently be entitled to time off under
the NJFLA in connection with the birth or adoption
of a child or the serious illness of a parent,
child or spouse. |
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The FMLA provides up to twelve weeks in a 12-month
period, rather than a 24-month period as provided
in the NJFLA. |
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