TEANECK PUBLIC SCHOOL DISTRICT Monday, February 24, 2020, 3:30pm—5:00 pm
Teaneck High School
Thursday, February 27, 2020, 3:30pm – 5:00 pm TJ Middle School Auditorium

FAMILY LEAVE WORKSHOP

Philip E. Stern, Esq. DiFrancesco Bateman 908-757-7800, ext. 141 pstern@newjerseylaw.net

Philip E. Stern
15 Mountain Boulevard Warren, New Jersey 07059
Phone: 908-757-7800, ext. 141 Fax: 908-757-8039 https://newjerseylaw.net/

Section 508 of the Rehabilitation Act

Section 508 was made part of the Rehabilitation Act of 1973 in 1998.

Its purpose is to “…require Federal agencies to make their electronic and information technology (EIT) accessible to people with disabilities.”

Sources of Leave Entitlement
FEDERAL LAW: Family and Medical Leave Act (“FMLA”)

STATE LAW:	New Jersey Family Leave Act (“NJFLA”), Family Leave Insurance Program (“FLI”), New Jersey Safe Act, Sick Leave under Title 18A

Sources of Leave Entitlement, cont.

Agreement Between TEA and the Board
CONTRACTUAL LAW:T Collective Bargaining ARTICLE X: SICK LEAVE
SICK LEAVE
ARTICLE XI: LEAVES OTHER THAN

AND REIMBURSEMENT REGULATIONS
ARTICLE XII: REPORTING ABSENCES

FEDERAL FAMILY MEDICAL LEAVE ACT

The FMLA entitles eligible employees of covered employers to take unpaid, jo
group health insurance coverage under the same terms and conditions as if the
protected leave for specified family and medical reasons with continuation ofb-

employee had not taken leave. Eligible employees are entitled to: Twelve workweeks of leave in a 12-month period for:
birth;
the birth of a child and to care for the newborn child within one year of

to care for the newly placed child within one year of placement;
the placement with the employee of a child for adoption or foster care and

condition;
to care for the employee’s spouse, child, or parent who has a serious health

essential functions of his or her job;
a serious health condition that makes the employee unable to perform the

son daughter, or parent is a covered mili ary member on “covered active
duty;” or
any, qualifying exigency arising out of thetfact that the employee’s spouse,

Twenty-six workweeks of leave during a single 12-month period to care for a
is the servicemember’s spouse son, daughte , parent, or next of kin (military
caregiver leave).
covered servicemember with a ,serious injuryror illness if the eligible employee

NEW JERSEY FAMILY LEAVE ACT

THE NEW JERSEY FAMILY LEAVE ACT ENTITLES CERTAIN EMPLOYEES TO TAKE UP TO 12 WEEKS OF FAMILY LEAVE IN A 24-MONTH PERIOD WITHOUT LOSING THEIR JOBS. WITH SOME EXCEPTIONS, EMPLOYERS MUST PROVIDE THIS TYPE OF LEAVE IF:
• THE EMPLOYER HAS AT LEAST 50 EMPLOYEES (OR AT LEAST 30 EMPLOYEES AS OF	JUNE 30, 2019),
OR IS A GOVERNMENT ENTITY, REGARDLESS OF SIZE.
•THE EMPLOYEE HAS WORKED FOR THAT EMPLOYER FOR AT LEAST ONE YEAR, AND HAS WORKED AT LEAST 1,000 HOURS DURING THE LAST 12 MONTHS.
• THE LEAVE OF ABSENCE IS BEING TAKEN TO CARE FOR OR BOND WITH A CHILD WITHIN 1 YEAR OF THE CHILD’S BIRTH OR PLACEMENT FOR ADOPTION OR FOSTER CARE, OR TO CARE FOR A FAMILY MEMBER, OR SOMEONE WHO IS
THE “EQUIVALENT” OF FAMILY, WHO HAS A SERIOUS HEALTH CONDITION.

NOTE THAT THE NEW JERSEY FAMILY LEAVE ACT DOES NOT PROVIDE LEAVE FOR THE EMPLOYEE’S OWN HEALTH CONDITION.

NEW JERSEY SAFE ACT

The New Jersey Security and Financ al
certain employees are eligible to receive an
Empowerment Act (“NJ SAFE Act”), iprovides that

exceed 20 days in a 12-month period, to address
unpaid leave of absence, for a period not to

a sexually violent offense. To be eligible, the
circumstances resulting from domestic violence or

during the immediately preceding 12-month
employee must have worked at least 1,000 hours

for an employer in the State that employs 25 or
period. Further, the employee must have worked

of 20 or more calendar workweeks in the then-
more employees for each working day during each

current or immediately preceding calendar year.

NEW JERSEY FAMILY LEAVE INSURANCE PROGRAM

New Jersey law provides up to 6 weeks of family leave insurance
benefits. Beginning July 1, 2020, the law will allow up to 12 weeks o
who are covered by family leave insurance can apply for benefits to:
continuous family leave or 56 days of intermittent leave. Employees f

• bond with a child within 12 months of the child’s birth or placement
by adoption or foster care. The applican , or the applicant’s spouse or
or foster pa ent, unless a surrogate carried the child.
documentation from a heal h care provider is mandatory.
for a victim s fami y member.
“Family member” means a child, parent, parent-in-law, sibling,
domestic orrcivil union partner, must betthe child’s biological, adoptive • care for a family membertwith a serious health condition. Supporting • care for a’ victiml of domestic violence or a sexually violent offence or

and any other person related by blood to the employee or with whom
grandparent, grandchild, spouse, domestic partner, civil union partner,

relationship.
the employee has a close association that is the equivalent of a family

ward of a parent. A child gained by way of a valid written contract
“Child” means a biological, adopted, or foster child, stepchild or legal

this definition.
between the parent and a surrogate (gestational carrier) is included in

SICK LEAVE UNDER NEW JERSEY TITLE 18A

N.J.S.A. 18A:30-1. Definition of sick leave
Sick leave is hereby defined to mean the absence from his or h
illness or injury, or because he or she has been excluded from
post of duty, of any person because of personal disability due to er

school by the school district’s medical authorit es on account of a
or her immediate household.
contagious disease or of being quarantined forisuch a disease in his

N.J.S A. 18A:30-2. Sick leave allowable
hool districts, regional school districts or county vocational
schools of the state who are steadily employed by the board of
scAll.persons holding any office, position, or employment in all local

employment under the provisions of this or any other law, except
education or who are protected by tenure in their office, position, or

Civil Service, of the Revised Statutes, shall be allowed sick leave
persons in the classified service of the civil service under Title 11,

with full pay for a minimum of 10 school days in any school year.

SICK LEAVE UNDER NEW JERSEY TITLE 18A

service
 18A:30-2.1 Sick leave payment for service connected disability; satisfactory

is absent from his post of duty as a result of a personal injury caused by an
18A:30-2.1. a. Whenever any employee, entitled to sick leave under this chapter,

pay to such employee the full salary or wages for the period of such absence for
accident arising out of and in the course of his employment, his employer shall

up to one calendar year without having such absence charged to the annual si
Salary or wage payments provided in this section shall be made for absence
leave or the accumulated sick leave provided in N.J.S.18A:30-2 and 18A:30-3. ck

during he waiting period and during the period the employee received or wa
Labor and Workmen's Compensation, of the Revised Statutes. Any amount of
eligibletto receive a temporary disability benefit under chapter 15 of Title 34,s

reduced by the amount of any workmen's compensation award made for
salary or wages paid or payable to the employee pursuant to this section shall be

temporary disability.

b. Leave taken by an employee pursuant to subsection a. of this section shall
const tute satisfactory service as provided pursuant to N.J.S.18A:29-14 and any
other increments and sha l not constitute inefficiency or other good cause for the
withholding of an employment or adjustment increment.
other iprovision, statutorylor contractual, relating to employment, adjustment or

CONTRACTUAL LEAVE

ARTICLE X SICK LEAVE
1.	Ten (10) month employees may accumula e
B. GENERAL
sick	days not to exceed ten (10) days and twelve
exceed twelve (12) days per year. In the event less than
(12) month employees may accumulate sick ,days nottto

util zed by an emp oyee covered by this Agreement, there
shall be credited to the employee's sick account the
ten i(10) or twelve l(12) days respectively of sick leave are

ten (10) or twelve (12) days respectively.
difference between the number of days actually used and



CONTRACTUAL LEAVE, cont.

ARTICLE XI
LEAVES OTHER THAN SICK LEAVE
A.	MATERNITY LEAVE
B.	CHILD-REARING LEAVE
C.	DEATH IN THE IMMEDIATE FAMILY
D.	DEATH IN THE NON-IMMEDIATE FAMILY E.	DEATH ON NON-RELATIVE
F.	LLNESS IN THE IMMEDIATE FAMILY G.	QUARANTINE
H.	PERSONAL BUSINESS
I.	NON-ATTENDANCE AT LAWFULLY ASSIGNED DUTY J.	WITNESS IN COURT
K.	SEPTEMBER AND JUNE REGULATIONS L.	WORKERS’ COMPENSATION INURY M.	EDUCATION
N.	MISCELLANEOUS ARTICLE XII
REPORTING ABSENCES AND REIMBURSEMENT REGULATIONS



FMLA v. NJFLA

for New Jersey Family Leave Act.
1.	FMLA stands for Family and Medical Leave Act while NJFLA stands

to honor it while NJFLA is a state act.
2.	FMLA is a federal act and is mandatory for all eligible employers

over a 12 month period the NJFLA provides the employee 12
week leave over a 24 month period.
3.	While FMLA guarantees, the employee unpaid leave of 12 weeks

condition while the FMLA does.
4.	The NJFLA does not include leave for the employee’s own medical

the NJFLA does.
5.	The FMLA does not offer anything to care for the in-laws while

While the FMLA only covers employers with more than 50
with minimum 50 employees worldwide. No limitiations on
6.	employees in a 75 mile radius, the NJFLA applies to all employers

governmental entities such as public school districts.

FMLA FAQs

(Q) What does the Family and Medical leave act provide?

The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 workweeks of unpai
leave a year, and requires group health benefits to be ma ntained during the leave as if employees
equivalent job at the end of their FMLA leave.
continued to work instead of taking leave. Employees are ialso entitled to return to their same or and

leave for specified reasons related to certain military deployments of their family members.
The FMLA also provides certain military family leave entitlements. Eligible employees may take FMLA

covered servicemember with a serious injury or illness.
Additionally, they may take up to 26 weeks of FMLA leave in a single 12-month period to care for a

(Q) Who can take FMLA leave?

In order to be eligible to take leave under the FMLA, an employee must:

work for a covered employer;
have worked 1,250 hours during the 12 months prior to the start of leave;
work at a location where the employer has 50 or more employees within 75 miles; and have worked for the employer for 12 months.

for FMLA leave. In general, only employment with n seven years is counted unless the break in
service is
The 12 months of employment are not required toibe consecutive in order for the employee to qualify

(1) due to an employee’s fulfillment of military obligations, or
(2) governed by a collective bargaining agreement or other written agreement.

(Q) Does the time I take off for vacation, sick leave or PTO count toward the 1,250 hours?

The 1,250 hours include only those hours actually worked for the employer. Paid leave and unpaid
crew members. )
leave, including FMLA leave, are not included. ( Special hours of service rules apply to airline flight

FMLA FAQs

employee’s schedule?
Q) Does an employee have to take leave all at once or can it be taken periodically or to reduce the

When it is medical y necessary, employees may take FMLA leave intermittently – taking leave in
the employee’s usual weekly or daily work schedule. When leave is needed for planned medical
separate blocks of ltime for a single qualifying reason – or on a reduced leave schedule – reducing

disrupt the employer’s operation.
treatment, the employee must make a reasonable effort to schedule treatment so as not to unduly

Leave to care for or bond wi h a newborn child or for a newly placed adopted or foster child may onl
birth or placement.
be taken intermittently withtthe employer’s approval and must conclude within 12 months after the y

schedule leave?
(Q) Can an employer change an employee’s job when the employee takes intermittent or reduced

Employees needing intermittent/reduced schedule leave for foreseeable medical treatments must
to the approval of the employee’s heal h care provider. In such cases, the employer may transfer the
employee temporarily to an alternative job with equivalent pay and benefits that accommodate
work with their employers to scheduletthe leave so as not disrupt the employer’s operations, subject

recurring periods of leave better than the employee’s regular job.

FMLA FAQs

(Q) What is a serious health condition?

The most common serious health conditions that qualify for FMLA leave are:

conditions that incapacitate you or your family member (for example, unable to work or attend school) for
conditions requiring an overnight stay in a hospital or other medical care facility;

health care prov der, or a single appointment and fo low-up care such as prescription medication);
quire treatment by a health care provide at leas twice a year; and
quired bed rest).
more than three iconsecutive days and have ongoinglmedical treatment (either multiple appointments with a rechronic conditions that cause occasionalrperiodstwhen you or your family member are incapacitated and repregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically

(Q) Can I continue to use FMLA for leave due to my chronic serious health condition?

Under the regula ions, employees continue to be able to use FMLA leave for any period o incapacity or
condition as one that (1) requires “periodic visits” for treatment by a health care provider or nurse under the
treatment due tota chronic serious health condition. The regulations continue to define afchronic serious health

supervision of the health care provider, (2) continues over an extended period of time, and (3) may ca
“periodic visits” as at least twice a year.
episodic rather than continuing periods of incapacity. The regulations clarify this definition by defining use

NJFLA FAQs

How Much Leave Am I Entitled To?
during a given 24-month period. When caring for a family member
Each eligible employee may take up to 12 weeks of continuous leave

with a serious heal h condition, an employee may ake leave that is
schedule. Sometimes an employer’s approval is necessary for this
not continuous, fortexample, an intermittent leavetor a reduced work

or adoption of a child.
type of arrangement if the leave is taken in connection with the birth

What Notice Has To Be GivenTo The Employer?
for leave related to the birth or adoption of a child. In the case of
An employer is entitled to require the employee to give 30days notice

an emergency arises, reasonable notice must still be given, within
relative’s serious health condition, 15days notice may be required. If

the confines of the circumstances

NJFLA FAQs

What Am I Entitled To When I Return To Work?

The employee is generally entitled to the same position held before the leave. Exception: If the original position is no longer available when the employee returns, the employer must offer an equivalent position in terms of pay, benefits and status.

Layoff: If a layoff occurred while the employee was on leave, the employee retains the same rights as if no leave had been taken.

SPECIAL RULES FOR TEACHERS--FMLA

position.
§ 825.604 Special rules for school employees, restoration to an equivalent

position upon return from FMLA leave will be made on the basis of
The determination of how an employee is to be restored to an equivalent

and practices, and collective bargaining agreements.” The “established
“established school board policies and practices, private school policies

restoration must be in writing, must be made known to the emplo
prior to the taking of FMLA leave, and must clearly explain the employee's
policies” and collective bargaining agreements used as a basis foryee

used as the basis for restoration of an employee to an equivalent position
restoration rights upon return from leave. Any established policy which is

reinstated employees. See § 825.215. In other words, the policy or
must provide substantially the same protections as provided in the Act for

collective bargaining agreement must provide for restoration to an
terms and conditions of employment. For example, an employee may not
equivalent position with equivalent employment benefits, pay, and other

be restored to a position requiring additional licensure or certification.

SPECIAL RULES FOR TEACHERS--FMLA

Limitations on Leave Taken near the End of the Semester

weeks, and less than three weeks before the end of a term. These rules allow the school to require the
There are also special rules for teachers who begin FMLA leave of more than five weeks, less than five

coming and going so close to break.
employee to continue taking leave, usually for the purpose of not disrupting class learning by having teachers

Employee to continue taking leave until the end of the term if,(1) the leave will last at east three weeks,
and(2) the employee would return during the three- week period before the end of the term.
Teacher begins leave more than five weeks before the end of the term:The school may lrequire the Instructional

Teacher begins leave for a purpose other than the employee’s own serious health condition during th
taking leave until the end of the erm if,(1) the leave wil last more than two weeks, and(2) the employee
would return during the two- week per od be ore the end of the term
five- week period before the endtof theiterm:fThe schoollmay require.the Instructional Employee to continue e

Teacher begins leave for a purpose other than the employee’s own serious health condition during the
taking leave until the end of the term if the leave will last more than five working days.
three- week period before the end of the term The school may require the Instructional Employee to continue

NEW JERSEY FAMILY INSURANCE BENEFITS

Right now, new parents or caregivers can receive up to six weeks of benefits equal to two-thirds of their pay, but capped at $633 a week.

As of July 1, 2020, New Jersey Family Insurance will increase the eligibility period from six to 12 weeks and raise the cap on the reimbursement an applicant can receive to 85 percent of their wages — up to $859.

MATERNITY LEAVE

PRESUMPTIVE PERIOD OF DISABILITY

4 weeks before expected due date and

4 weeks after the date of delivery

MOTHER IS PRESUMED TO BE SICK IN ORDER TO UTILIZE SICK DAYS WITHOUT A MEDIAL CERTIFICATION

HYNES V. BLOOMFIELD TWP. BOE, APP. DIV. 190 N.J. SUPER. 1983