Having a child is a very exciting time for any new parent. Of course, the parent is going to want to take some time off of work to be with the newborn and family. In many instances, a mother’s doctor will request that they go on bedrest for a period of time and not attend work, as keeping a mother and baby healthy before and after the birth is essential. However, eventually, the maternity leave may end and the parent will have to return to work. In New Jersey, maternity leave is considered temporary disability.
Typically, under New Jersey’s temporary disability laws, pregnant and postpartum women are granted disability that can be extended if necessary. The state will usually pay disability benefits for 4 weeks prior to the expected delivery date and for an additional 6 weeks after the date in which the baby was born. If the baby was delivered by C-section, the mother will be entitled to benefits for 8 weeks after the date it took place. However, if the mother endured complications before or during the delivery that makes it unsafe to do her job, a doctor may give input that she should have benefits extended. This is also true if the mother also has another temporary disability at the same time. Once a doctor says that the mother is able to go back to work safely, disability benefits may end.
In some cases, a new parent may want to take advantage of the Family Leave Act. In order to be eligible for this act, the employee must have worked at least 1,000 hours over the last 12 months with the same employer. This allows a person to take up to 12 weeks of time off work for family and medical reasons.
If you have questions about employee rights in NJ, contact an experienced attorney at MWM today.