Can I Take Leave to Care for a Sick Family Member in New Jersey?
Posted July 18th, 2025.
Categories: Blog.
Taking care of a sick or disabled family member is a responsibility that many people have at some point or another in their lives. When a relative falls ill, it is natural that you want to be there for their recovery and you may be the only person who can offer them the care and support they need. However, if you work you may wonder whether or not you can take leave to care for your sick family member. As a New Jersey worker it is important that you understand the rights afforded to you under both state and federal law. Continue reading for more information and contact a Cherry Hill employment law attorney to obtain legal counsel today.
Can I Take Leave to Care for a Sick Family Member in NJ?
Yes, if you are an employee in New Jersey you can generally take leave to care for a sick family member. Employees have multiple options for taking time off when a relative is in need of care and support, so it is important that you explore all of the options available to you. Consider the following options.
1. NJFLA
The NJFLA (New Jersey Family Leave Act) offers eligible employees up to 12 weeks of unpaid leave within a 24-month period. Employees can use this time for the following reasons.
- To care for or bond with a child after a birth, adoption, or placement for foster care
- To care for a family member or person who is the equivalent of family with a serious health condition
- To provide required care or treatment for a child during a state of emergency if their school or place of care is closed
NJFLA time applies to state and local government agencies and companies/organizations with 30 or more employees. If you have been employed by the company for at least 12 months and worked at least 1,000 hours in the previous 12 months, you are entitled to this leave.
2. FMLA
The FMLA (Family and Medical Leave Act) is a federal labor law similar to the NJFLA and offers employees 12 weeks of unpaid leave within a 12-month period for the following reasons.
- The birth of a child and to care for the newborn within 1 year of the birth
- The placement of a child for adoption or foster care and to care for the child within 1 year of placement
- To care for a spouse, child, or parent with a serious health condition
- A serious health condition that makes the employee unable to perform the functions of their job
- Any qualifying exigency related to a spouse, child, or parent who is a military member on active duty
FMLA applies to all public agencies, public and private elementary and secondary schools, and companies with 50 or more employees. Note that you must have worked for your employer for at least 12 months and have worked 1,250 hours over the prior 12 months to be eligible to take leave.
It is important to understand that both of these leave options are unpaid but job-protected and protect you from retaliation and discrimination for taking the leave that you are entitled to. Other leave options may apply to you depending on the company you work for and your employment record. For more information on your rights and options, consult with a skilled employment lawyer today.
