All full-time staff employees may request leaves of absence without pay. Requests should be made in writing to the Office of Human Resources and may be granted for personal or family reasons as mandated in the State of New Jersey under the Family Leave Act.
Full-time faculty members should contact the Office of the Dean for leaves of absence policies and procedures information.
Stevens Institute of Technology follows the state and federal regulations regarding family and medical leave. Family and Medical Leave (FMLA) time runs concurrently with absences due to short-term disability leave time. This applies even if the employee fails to apply for temporary disability leave time or if the temporary disability leave time is rejected.
PREGNANCY DISCRIMINATION ACT
The Pregnancy Discrimination Act requires employers to provide leave for pregnant employees to the same extent that leave is available to other employees for disability or illness.
OTHER LEAVE REQUIREMENTS UNDER FEDERAL LAW
The Americans with Disabilities Act and the Federal Rehabilitation Act – plus state anti-discrimination laws – may require employers to grant unpaid sick leave to employees with disabilities as reasonable accommodations of the disabilities, unless doing so creates an undue hardship on an employer.
NEW JERSEY LAW
New Jersey’s Family Leave Act (Title 34, Ch.11B) applies to private employers employing 50 or more employees whether employed in New Jersey or not. Under the act, employers are required to allow leave because of the serious health condition of a child, spouse or parent, including parent-in-law or the birth or placement for adoption of a child that may commence any time within a year of the birth or placement for adoption, Employees are entitled to 12 weeks of leave in any 24 month period, as long as they provide ample notification to their employer and the employee makes a reasonable effort to schedule the leave as not to disrupt unduly the operations of the employer.
Employees may take family leave on a reduced-leave schedule for up to 24 consecutive weeks. If the leave is taken upon the birth or adoption of a healthy child, the employee must have an agreement with the employer. Employees must try to schedule reduced leave so as not to unduly interrupt the employer’s operations. Leave taken on a reduced leave schedule does not reduce an employee’s total amount of leave he or she is entitled to under the act.
Leave may be taken intermittently when necessary to aid a family member with a serious health condition. The total time within which an intermittent leave is taken may not exceed a 12 month period, if such leave is taken in connection with a single serious health condition. The employee must provide adequate notice to the employer, and try to schedule the leave so as not to disrupt unduly the employer’s operations.
Employees who take family leave under New Jersey law are entitled to be restored to their original position when their leave began or, if the position has been filled, to an equivalent position with like seniority status, employment benefits, pay and other terms and conditions of employment. Employees who would have been terminated because of layoffs had they not been on leave are not entitled to reinstatement but retain their rights under any applicable layoff and recall systems.
Employers may not retaliate against employees who exercise their right to take leave under New Jersey law.
Effective as of July 1, 2009, the state's law allows eligible employees up to 6 weeks of temporary disability benefits while on leave under either the federal or state leave acts to:
- Bond with a newborn child during the first 12 months after the child's birth. (You, your domestic partner, or your civil union partner must be the biological parent of the child.)
- Bond with an adopted child during the first 12 months after the child's placement.
- Care for a family member with a serious health condition. (A health care provider must certify the condition.)
Source: New Jersey Federal Employer Law Manual