Nj fla

[mendez_a]

What is the name of your state (only U.S. law)? New Jersey

My company has been taking out a tax for the NJ Family Leave since the act was started and now that I am pregnant they are saying I am not eligible to take it because the company doesn't have 50 employees. Is this legal? Can they deduct this from my paycheck but then say I can't use it???

Thanks!:

 

[pattytx]

The NJ Family Leave Act is only for nonemployee conditions/care or for bonding with a newborn.
http://lwd.dol.state.nj.us/labor/forms_pdfs/tdi/fli_poster.pdf

However, the 50-employee threshhold does NOT apply to FLI. See Question #3 here:
http://lwd.dol.state.nj.us/labor/fli/content/fli_faq.html#3

However, the NJ FLA does not provide job protection; only the federal FMLA (in your state) does to and if the employer doesn't have at least 50 employee at your job site or within a 75-mile radius of your job site, then FMLA doesn't apply.

Therefore, you are entitled to whatever leave the employer would offer to a similarly-situated employee who was out for a non-pregnancy related medical condition. At the point you become medically not able to work, you can file for state temporary disability insurance benefits; but again, the TDI does not protect your job--it just pays you while you are ON leave.
http://lwd.dol.state.nj.us/labor/tdi/worker/state/sp_clt_menu.html

Two different things.

FMLA protects your job if all the criteria is met (and, in your case, the employer is not subject due to the number of employees), but is, by definition, unpaid.

TDI and FLI is how you get paid when your are ON leave, but receiving them provides no job protection.

 

[mendez_a]

Thanks, pattytx.