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Intermittent FMLA/NJFLA Leave

The Family Medical Leave Act and the New Jersey Family Leave Act permits the use of leave entitlement on a intermittent basis or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the employer’s operations. 

Eligibility criteria follow that of FMLA and NJFLA. Employees can take up to 12 workweeks of FMLA/NJFLA leave in a 12-month or 24 month period for:

  • The birth, adoption or foster placement of a child with you,
  •  Your serious mental or physical health condition that makes you unable to work,
  •  To care for family member or equivalent with a serious mental or physical health condition, and
  •  Certain qualifying reasons related to the foreign deployment of your spouse, child or parent who is a military servicemember

FMLA Poster (PDF)           NJFLA Poster (PDF)           Supervisor Responsibilities

Requesting a Leave of Absence

Notification

  • Give at least 30 days’ notice, if you know in advance of your need for a leave of absence.
  • If you learn of your need for time off or a leave of absence less than 30 days ahead of time, request it as soon as you are able.

You do not need to share any specifics about your health circumstances or those of your family member. However, you do need to provide enough information so that your supervisor can understand that your absence may be covered by the FMLA.

Submitting Your FMLA Request

Employees may request a leave of absence within Workday to initiate the process and prompt the necessary paperwork. View our guide on how to Request Leave of Absence for instructions..

Required Documentation

Leave of absence due to illness and family leave will require a health-care provider certification form to support the need for time off. 

  • The form must be returned to HR within 15 days of receipt. Because the information is so time sensitive, it must be completed 30 days from the leave start date. Any submission before 30 days will expire and will need to be completed by the physician again.

Medical conditions can change and sometimes you don’t know how much FMLA leave you will need to take. You and the health care provider may provide the best estimate of the length of time or frequency of absences you will need based on what is known at the time. If you require more or less leave than you originally thought, you can always provide an updated certification.

Confidentiality

The Office of Employee Benefits will keep confidential all medical information relating to requests for a medical leave. This information will be used only to make decisions in regards to the provisions of the policy.

  • You should not disclose your own or your family member’s medical diagnosis to your supervisor or department.
  • Any required certification should be submitted directly to the benefits department, where it will be kept confidential and separate from your personnel file. Do not submit any medical documentation to supervisor.
Paid Time off During Leave

FMLA leave is not paid leave, but you may choose, or be required by your employer, to use any paid time off to cover your absence.

Possible pay continuation options during leave include:

Sick Time Off May be required
Vacation Time Off Optional
Personal Time Off Optional
Compensatory Time Off Optional

If you will not have sufficient paid time off receive pay by Montclair State University, you have the following wage replacement options through State of New Jersey disability programs:

  • Temporary Disability Insurance (TDI)- medical (self): You can find information about the eligibility and application process on the State of New Jersey’s Temporary Disability Insurance website page. Please note: This process is not managed by Montclair State University, you must follow the procedures specified on their website or contact a Customer Service Representative at 609-292-7060.
  • Family Leave Insurance (FLI)- medical (family member) : You can find information about the eligibility and application process on the State of New Jersey’s Family Leave Insurance website page. Please note: This process is not managed by Montclair State University, you must follow the procedures specified on their website or contact a Customer Service Representative at 609-292-7060.
Benefits During Leave

All benefits and health coverage under any “group health plan” will be maintained on the same terms as if the employee had continued to work consecutively.