Leave of Absences Information
Difference Between FMLA, NJFLA, and Sick Leave
(Summary)
FMLA stands for Family and Medical Leave Act while NJFLA stands for New Jersey Family Leave Act.
FMLA is a federal act that was passed in 1993 and applies to the entire United States of America. This act provides an ‘eligible’ employee be entitled to a minimum of 12 weeks of unpaid leave in a 12-month period. The NJFLA provides for 12 weeks of unpaid leave in a 24-month period.
The FMLA addresses the employees need for leave to attend to serious medical illness of self, spouse, child or parent, to care for the newborn, any other family exigencies. The NJFLA however does not include the worker himself who may need the leave for his own medical condition. The other difference is that the NJFLA includes in its sphere the spouse’s parents.
The other difference is that FMLA only covers employers with a minimum of 50 employees within a 75-mile radius of the work place, however, the NJFLA specifies that the employer should have minimum 50 employees anywhere in the world. This even covers companies that may have representative offices in New Jersey. The FMLA would require employee to have been working with the organization for at least 12 months and 1250 hrs in the last 12 months. The NJFLA on the other hand would require an employee to have worked with the organization for 12 months but requires 1000 hrs in the preceding 12 months.
The Sick Leave is a benefit that is provided by the employer. This is not guaranteed under any federal law or act. Some states in the United States of America have legislations outlining the minimum Sick Leave to be provided but most other states are still working on bringing in legislations.
The major difference between a Sick Leave and the FMLA is that a Sick Leave may be taken by an employee as and when required and could be for any illness. The FMLA on the other hand would only apply in case of a serious illness like cancer, etc. It would not be applicable if a day off is required to recover from a cold or flu.