Posting & Notice Requirements for New Jersey Paid Family LeaveNovember 2008 – Alerts Labor & Employment Department Alert
Signed into law by New Jersey Governor Jon Corzine on May 2, 2008, the Paid Family Leave (PFL) law allows New Jersey employees to take up to six weeks of paid leave (or 42 days if the leave is intermittent) to care for sick family members, and newborn and newly-adopted children. Recently, the New Jersey Department of Labor andWorkforce Development (DOL) issued guidance on the posting and notice requirements that employers must follow in order to comply with the law.
According to the DOL, as of December 15, 2008, New Jersey employers must conspicuously post, in a place accessible to all employees, a notification of the rights granted to employees under the PFL law. A copy of the DOL’s poster may be found on the DOL’sWeb site by clicking here - http://lwd.state.nj.us/labor/forms_pdfs/tdi/fli_poster_legal.pdf , and it is also reproduced on the back of this Alert. This notice should be placed where the employer posts its other federal and state employment-related postings.
ADDITIONAL NOTICE REQUIREMENTS
In addition to the posting requirement, the DOL has indicated that employers must provide written notice to employees of their rights under the PFL law no later than December 15, 2008.Written notice also must be given:
- at the time of an employee’s hiring
- whenever an employee notifies the employer that he or she is taking time off for a covered period of leave
- at any time, upon the employee’s request
Employers should make sure that they distribute notice to their employees in a timely fashion.A general distribution to employees along with a copy of the DOL’s form of posting should be adequate.
For a more detailed analysis of the PFL law, you can review our May 2008 Alert on PFL by clicking here. Please note that the maximum weekly benefit rate has been increased to $546 per week for 2009 from $524 per week for 2008.
If you have any questions about these posting and notice requirements, or about the implementation of the PFL program or the PFL law itself, contact Ian Meklinsky at 609.895.6756 or [email protected] or any member of the Fox Rothschild Labor & Employment Department.