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The Law

Topics
About the NJ Law Against Discrimination (LAD)
About the NJ Family Leave Act (FLA)
Director's Orders
How to File a Complaint
Laws, Regulations & Policies
Proposed Rules

 
About the NJ Law Against Discrimination (LAD)

Scales of JusticeThe 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 status, affectional or sexual orientation, 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. For more information on each area the LAD covers choose below:

Sexual Harassment
Diversity
Housing Discrimination
Employment Discrimination
Public Accommodation
Credit & Business Transactions
Multiple Dwelling Reporting Rule
Reprisal

 

 



About The NJ Family Leave Act (FLA)

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.Family with Baby

Below are the three most frequently asked questions regarding the Family Leave Act:

1. Which employers are covered by the NJFLA?
2. Which employees are eligible for leave under the NJFLA?
3. How does the NJFLA relate to the federal Family and Medical Leave Act?

 

1. Which employers are covered by the NJFLA?

All employers with 50 or more employees anywhere worldwide must comply with the NJFLA for their New Jersey employees.

2. Which employees are eligible for leave under the NJFLA?

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.

3. How does the NJFLA relate to the federal Family and Medical Leave Act?Elderly Mom with Daughter

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.

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.

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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Last Updated: Wednesday, November 8, 2006 4:40 PM