Benefits Information
C. Additional Leaves of Absence under the Federal
and State of NJ Family Leave Acts
The State Family Leave Act permits employees to take
leaves of absence without pay in connection with the birth or adoption
of a child or the serious illness of a child, spouse, parent or parent
of a spouse for up to 12 weeks in a 24 month period. Such leave may be
taken on a reduced or intermittent schedule with the approval of the departmental
supervisor. To qualify, the employee must be employed through a covered
employer, for at least 12 months or more, and must have worked not less
than 1,000 hours excluding overtime during the last 12 month period.
The employee's health insurance would continue during
this time period. An employee would only be responsible for the payment
of any premium contribution required of a plan. Under the Family Leave
Act an employee's (classified employee only) seniority will continue to
accrue for layoff purposes during the employee's leave.
The Federal Family Medical Leave Act (FMLA) became
effective on August 5, 1993. The FMLA does not supersede any provisions
of the State Family Leave that provides greater rights than those provided
under the FMLA. Moreover, rights under the FMLA are not diminished by
State Law. If leave qualifies for both FMLA Leave and State Family Leave,
the leave used counts against the employee's entitlement under both laws.
Under the FMLA an employee may take a leave of absence
for birth or placement of a child for adoption or foster care. In such
cases the leave must conclude within one year of the birth or placement.
Leave may also be taken to care for a child, spouse or parent with a serious
health condition or the employee's own serious illness. The employee is
entitled to take a leave for up to 12 weeks in a one year period. This
leave may be taken at a reduced or intermittent schedule with the approval
of the departmental supervisor. The employee's health insurance would
also continue during this time period. An employee would only be responsible
for the payment of any premium contributions required of a plan. On State
Family Leave and FMLA, leave time does not accrue while in non pay status.
To qualify for FMLA, an employee must have worked for
a covered employer for 12 months and at least 1250 hours during the 12
month period proceeding the leave.
Application for both State Family Leave and Federal
Family Leave and Medical Leave must be in writing to your supervisor with
a copy to the Office of Human Resources. It is recommended before applying
that you contact the Office of Human Resources for more details regarding
these Acts.
1. Health Benefits
Employees participating in the State Health Benefits Program are entitled
to continued health coverage under both Acts, while on family leave. This
includes health care, prescription drug, dental and vision care benefits.
Please note that an employee with a required payroll deduction for health
related coverage is responsible for making payment to The University.
2. Pension
Service and salary credit for pension purposes are earned in the state
retirement systems while in pay status only. For periods where leave is
taken on an intermittent or reduced schedule basis, an employee may be
able to obtain pension credit depending upon the compensation received
during the coverage periods involved. Members under the Alternate Benefit
Program must receive at least 50% percent of their base salary to make
contributions to their account.
Members of the Public Employees Retirement System,
Teachers Pension Annuity Fund and Police and Firemen's Pension System
may purchase service credit for a maximum of three months for a family
leave and two years for personal illness. The Alternate Benefit Program
does not have such a provision.
3. Life Insurance
The employee's group life insurance coverage will continue up for a maximum
of 93 days while on an official family leave for all purposes except personal
illness. In this case contributions are required from members covered
by contributory life insurance in order to continue their contributory
life insurance.
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