Article 57 – Federal Family & Medical Leave, New Jersey Family Leave, New Jersey SAFE Act Leave

Notwithstanding any other provisions in this Agreement or in University policies, in the event that an employee is eligible, as set forth by Federal or State statute, and takes a leave of absence under the Federal Family and Medical Leave Act (FMLA), the New Jersey Family Leave Act (NJFLA), or the New Jersey SAFE Act, accrued sick time or sick leave must be used concurrently with the leave permitted by the statutes.

In the event that an employee exhausts accrued paid sick time or sick leave (or, if the employee does not have paid sick time or sick leave accruals to charge concurrently with an approved leave granted pursuant to the FMLA, NJFLA, and/or New Jersey SAFE Act), the remaining statutory leave time shall be unpaid, unless the employee elects to use any other accrued paid time off concurrently. All such leave requests shall be processed in a manner consistent with medical confidentiality.

Leave for an employee’s own serious health condition:

If an employee is approved for medical leave for their own serious health condition, only accrued sick time must be used concurrently with the statutory leave, unless the employee elects to use any other accrued paid time off concurrently following the exhaustion of all accrued sick time.

If after an employee has exhausted the leave granted to them pursuant to the FMLA or New Jersey SAFE Act, the employee is still unable to perform the duties of their position because of their own serious health condition and has remaining accrued sick time available, the employee shall be permitted to extend their leave of absence by utilizing any remaining accrued sick time provided that the employee provides medical certification substantiating their need for such extension due their own serious health condition.

If after an employee has exhausted the leave granted to them pursuant to the FMLA or New Jersey SAFE Act and has exhausted their accrued sick time, and the employee is still unable to perform the duties of their position because of their own serious health condition, the employee may be permitted to extend their leave of absence by seeking a reasonable accommodation under the Americans with Disabilities Act (ADA) and/or the New Jersey Law Against Discrimination (NJLAD). While such a request is pending, an employee may elect to use any other accrued paid time off. If a leave of absence is approved as a form of reasonable accommodation under the ADA or NJLAD, the employee may elect to use any other accrued paid time off during the leave of absence. To seek additional leave as an accommodation, the employee must submit such a request to Rutgers Office of Employment Equity and comply with the reasonable accommodation process.

Leave to care for a family member:

If an employee is approved for leave to care for a family member with a serious health condition or to care for and bond with a child after birth, adoption or placement in foster care, only accrued sick time or sick leave must be used concurrently with any statutory leave, unless the employee elects to use any other accrued paid time off concurrently with statutory leave following the exhaustion of all accrued sick time or sick leave.

Leave under the New Jersey SAFE Act:

If an employee is approved for leave under the New Jersey SAFE Act, the employee may elect to use accrued paid time off concurrently during such leave (or, if the employee has no accrued paid time off available, the balance of the leave will be unpaid).

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