Skip to Main Content
iacoimmigration    Center City Mall, 301 Main Street, Suite 401, Paterson, NJ 07505 info@iacoimmigration.org

Protections for Prospective Parents and New Parents Working in New Jersey

  • LABOR

Labor Protection: Federal and State Laws

Take up to 12 weeks of FMLA (Federal Family & Medical Leave Act) for pregnancy/recovery or a significant health condition related to the pregnancy, and up to 12 weeks under the New Jersey (NJ) Family Leave Law Family Leave Act, NJFLA to bond with the newborn. In total, there are up to 24 possible weeks of job protection. 

During My Pregnancy and Recovery

Federal Family & Medical Leave Act (FMLA)

Up to 12 weeks of unpaid leave from protected work to dedicate yourself, before and after the birth of the baby, and to bond with your newborn child. Regulated by the United States Department of Labor: dol.gov/agencies/whd/fmla

Unpaid work-protected leave to dedicate to yourself before and after the birth of the baby in the following cases:

  • If your employer has at least 50 employees within a 75-mile radius of your place of employment or is a government entity.
  • If you have worked there for at least 12 months.
  • If you have worked at least 1250 hours in the last 12 months.
  • You must notify your employer 30 days in advance if your leave is foreseeable

All of these requirements must be met. Otherwise, your employer will not be required to keep your job.

* FMLA leave can also be used to bond with your newborn child, but then continues concurrently with NJFLA leave.

Contact your employer or USDOL if you have questions about the FMLA:

United States Department of Labor
(US Department of Labor, USDOL)
866-487-9243
dol.gov/whd/fmla

Take up to 12 weeks of FMLA for pregnancy/recovery or a significant health condition related to the pregnancy, and up to 12 weeks under the New Jersey Family Leave Act (NJFLA) to bond with the newborn. In total, up to 24 weeks of job protection possible.

As I Bond With My Baby

Law of License Family and Family of NEW JERSEY (NJ Family Leave Act, NJFLA)

Up to 12 weeks of protected work leave to bond with your newborn child. Regulated by the New Jersey Division of Civil Rights: njcivilrights.gov

Up to 12 weeks of job-sheltered leave to bond with your newborn child during the first year from birth or placement in the following cases:

  • If your employer has at least 30 employees worldwide, or is a government entity, regardless of the number of employees.
  • If you have worked there for at least 1 year.
  • If you worked there at least 1000 hours in the last 12 months.
  • Generally, you must notify your employer 30 days in advance if your leave is foreseeable.

All of these requirements must be met. Otherwise, your employer will not be required to keep your job.

Contact your employer or the New Jersey Division on Civil Rights if you have questions about the NJFLA:

New Jersey Civil Rights Division
(NJ Division on Civil Rights)
973-648-2700
njcivilrights.gov

Transition of a Benefit: Unemployment, Recovery due to Pregnancy/birth and Bonding with the Baby

Don't have a job? You can stop receiving unemployment benefits to start getting pregnancy/recovery or bonding benefits. Learn more at: myleavebenefits.nj.gov/unemployed.
Did you lose your job while receiving pregnancy/recovery or bonding benefits? You can file for unemployment or restart your claim. Visit myunemployment.nj.gov.

Pregnancy and Breastfeeding Rights

  • New Jersey workers are allowed to obtain certain pregnancy and nursing protection options. Among them, work adaptations to continue working during pregnancy or breastfeeding, as well as a rest time in a private place, other than a bathroom, to express breast milk during the workday.
  • Employers cannot retaliate against you for requesting accommodations or using them while you are pregnant or nursing.
  • These laws are regulated by the New Jersey Division of Civil Rights. Learn more at njcivilrights.gov.
Back To Top
English English Español Español