Paramus, NJ asked in Employment Law and Employment Discrimination for New Jersey

Q: I work for a small business in NJ with less than 25 employees . My wife is about to deliver our first child.

Am I allowed by Law to get paid paternal leave? If yes , for how long . I know that companies with 30 employees and more must provide their employees with paid leave, just not sure what is the laws saying about smaller businesses. Thank you.

1 Lawyer Answer
Kyle Anderson
Kyle Anderson
  • Employment Law Lawyer
  • Columbus, OH

A: Hi, the federal law governing medical leave, the Family Medical Leave Act ("FMLA") does not require the employer to give you *paid* leave. It protects your job if you take unpaid leave, however. One issue I see is whether or not your employer is covered by the FMLA. You state the employer has less than 25 employees, and the FMLA requires 50 employees within a 75 mile radius to be covered under its protection. You may want to reach out to an employment lawyer in NJ to see if there is a state statute that provides greater protection.

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