The New Jersey Security and Financial Empowerment Act (NJ SAFE Act) provides that certain employees may be eligible to receive an unpaid leave of absence – for a period not to exceed 20 days in a 12-month period – to address circumstances resulting from domestic violence or a sexually violent offense to employee or a family member. Leave under the NJ SAFE Act must be used in the 12-month period immediately following an instance of domestic violence or a sexually violent offense.
Eligibility
You may be eligible for a leave under NJ SAFE if you:
- Worked at least 1,000 hours during the immediately preceding 12-month period and;
- Worked for an employer in the State that employs 25 or more employees
If leave is requested for a reason covered by both the NJ SAFE Act and the Family medical Leave Act(FMLA) or the New Jersey Family Leave Act (NJFLA), the leave shall count simultaneously against the employee’s entitlement under each respective law. Documentation may be required to support the basis of the leave request.
Intermittent Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken intermittently or on a reduced leave schedule when necessary however intervals cannot be less than a day. Employees must make reasonable efforts to schedule leave for planned absences so as not to unduly disrupt the employer’s operations.
New Jersey SAFE ACT Poster Supervisor Responsibilities
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.
Documentation of the domestic violence or sexually violent offense for no medical leaves to support the basis for the leave.
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.
Employees that are approved for a leave of absence are permitted to charge any accrued paid time off (including sick, vacation, personal, administrative and/or compensatory) in order to receive pay from the University.
Please note that paid time off may be adjusted to reflect only accrued time to restrict employees from utilizing time that has not been earned. This generally applies to time that may have been recently allotted for the new year.
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.
Note:
Faculty members who will be without pay from Montclair State University will also need to complete and submit a request for a Faculty Leave of Absence without pay for the Board of Trustees (BOT) approval. You will need to supply the necessary administrative forms.
Faculty/ staff who will not have sufficient accrued paid time off, may qualify for the Donated Leave Program. The criteria for shared leave eligibility are different from those for FMLA. Contact your leave coordinator if you wish to participate in the programs.
During leave, health coverage under any “group health plan” will be maintained on the same terms as if the employee had continued to work.
While on an unpaid leave of absence from Montclair State University
- Employees will be responsible for your usual medical and/or prescription payroll deductions for the six pay periods of leave without pay. Employees will be provided with the information to make the necessary arrangements to continue payments in order to maintain coverage while on leave. Group health insurance may be canceled if an employee fails to make payment.
- If coverage with the University ends while you are on leave, continuation of coverage is offered under COBRA for up to 18 months. Employees will receive a notice about continuation of coverage under COBRA at the time coverage ends. Health coverage must be reinstated upon return to work via Benefitsolver.
- Employees will not earn pension service credit, will not receive or make pension contributions, and will not earn vacation or sick accruals.
If your leave is for your medical condition, you will be required to provide a Fitness for Duty Certification. This release is to include any restrictions or limitations you have in performing your job. A release to return to work is not required if the Leave of Absence is for a family member’s health condition.