FMLA Notice Requirements for NJ Employees and Employers

Taking a leave of absence from work — whether for a serious medical condition, the birth of a child, or to care for a sick loved one — is never easy. That’s why laws like the Family and Medical Leave Act (FMLA) exist. They give eligible employees the right to take unpaid, job-protected leave without fear of losing their position.

Still, notice requirements matter. If either party fails to give proper notice, it could delay, deny, or even result in legal consequences. And in New Jersey, FMLA rights often overlap with additional protections under state law, including the New Jersey Family Leave Act (NJFLA).

So what are the FMLA notice requirements in New Jersey, and how can workers and businesses stay on the right side of the law?

This blog breaks it all down in plain terms — what employees must do to trigger their leave rights, what employers must do to comply with the law, and what counts as FMLA interference when one side fails to meet the standard.

Understanding the FMLA in New Jersey

Let’s start with the basics. The Family and Medical Leave Act is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for certain family and medical reasons. No employer can deny your FMLA leave if you qualify, and it applies nationwide, including in New Jersey.

Covered reasons include:

• The birth or adoption of a child
• A serious health condition that makes you unable to perform your job
• Caring for a spouse, child, or parent with a serious health condition
• Certain military family leave reasons

You may be covered under both FMLA and NJFLA, either at the same time or back-to-back, as long as you and your employer meet the legal requirements for each. This includes remote employees, who have the same FMLA protections as in-office workers when it comes to taking qualifying leave.

Who Is Covered?

For Employees:

To be eligible for FMLA, you must:

1. Work for a covered employer (more on that below)
2. Have worked at least 12 months for your employer
3. Have at least 1,250 hours of service during the previous 12 months
4. Work at a location where the employer has 50 or more employees within 75 miles

For Employers:

Private employers are covered by FMLA if they have 50 or more employees for at least 20 workweeks in the current or preceding calendar year. Most public agencies and public or private elementary and secondary schools are also automatically covered, regardless of the number of employees.

Employee Notice Requirements: What You Need to Know

FMLA doesn’t kick in automatically. You need to provide your employer with the notice first.

When Should You Give Notice?

• Foreseeable Leave: If you know in advance (e.g., for a planned surgery or childbirth), you must give at least 30 days' notice. If you were denied FMLA leave for surgery despite giving proper notice, that could be a violation of your rights.
• Unforeseeable Leave: If you can’t predict the need (e.g., an emergency or sudden illness), you must notify your employer as soon as practicable, typically within 1 to 2 business days.

What Should You Say?

You don’t have to specifically say “FMLA” — but you do need to give enough information for your employer to understand that the leave may qualify.

Acceptable examples include:

• “I need time off to recover from surgery.”
• “My child has a serious health condition, and I need to care for them.”
• “My spouse was just hospitalized, and I need to take care of things at home.”

Vague statements like “I need time off” or “I’m not feeling well” may not be enough. Mental health conditions that meet the requirements are also protected: in some cases, even burnout may qualify for FMLA leave.

Employer Notice Obligations Under FMLA

Employers have their own legal duties when it comes to notice. Missing these steps can land them in legal hot water.

1. General Notice

Covered employers must:

• Post a notice explaining FMLA rights in a visible location (even for remote workers, this can be posted online)
• Provide written information to new employees about FMLA — often in an employee handbook or orientation materials

2. Eligibility Notice

When an employee requests leave or the employer becomes aware of a potential FMLA-qualifying event — the employer must notify the employee of their eligibility status.

This notice should tell the employee:

• Whether they meet the eligibility criteria
• If more information is needed
• Any rights or responsibilities moving forward

3. Rights and Responsibilities Notice

Once eligibility is confirmed, employers must provide a written explanation of:

• The specific expectations and obligations of the employee
• Any medical certification requirements
• Whether paid leave will run concurrently with FMLA
• The employee’s obligation to return to work

4. Designation Notice

Finally, the employer must inform the employee in writing whether the requested leave is approved and designated as FMLA. 

What Happens When Employers Fail to Provide Notice?

If an employer doesn’t meet its obligations for FMLA notice in NJ, the consequences can be serious. Courts have ruled that failure to provide required notices (especially the designation notice) can:

• Prevent the leave from being counted against the employee’s FMLA entitlement
• Result in liability for interference or retaliation under the FMLA
• Lead to lost wages, benefits, reinstatement, or damages

Simply put: employers cannot deny FMLA protections by failing to inform the employee of their rights, nor can they force you to work during FMLA leave.

Coordination with the NJ Family Leave Act

The New Jersey Family Leave Act (NJFLA) is similar to the FMLA in some ways, but there are important differences — especially when it comes to notice.

Key NJFLA Requirements:

• Provides up to 12 weeks of leave in a 24-month period
• Only applies to leave for caring for a family member, not for your own illness
• Applies to employers with 30 or more employees
• Employees must give 30 days’ notice if leave is foreseeable
• Employers must provide similar notices about eligibility and designation

Many employees take both FMLA and NJFLA leave one after the other or simultaneously — depending on the reason for leave. 

What If You Think Your FMLA Rights Were Violated?

Sadly, employer overreach happens more often than many people think. In 2024, the U.S. Department of Labor reported that the most common FMLA violation was the denial of leave. Close behind were cases of retaliation — such as discrimination, demotions, or even firing employees after they exercised their right to protected leave.

If you believe your employer mishandled your request for leave — or retaliated against you after your FMLA leave — you have the right to take action.

Steps You Can Take:

1. Request an Explanation in Writing Ask your HR department to explain how your leave was handled and why it was approved or denied.
2. Gather Documents Save emails, medical certifications, pay stubs, and any paperwork related to your leave request.
3. File a Complaint with the State The Department of Labor (Wage and Hour Division) investigates FMLA violations and can help recover wages or benefits.
4. Talk to an Employment Attorney If your job was affected (if you were fired, demoted, or denied leave), a FMLA attorney in New Jersey can guide you through your legal options and help you file a lawsuit if necessary.

Notice Is the Foundation of FMLA Protection

Whether you're an employee preparing for a difficult time in your life, or an employer trying to follow the law while managing your workforce, timely communication is key.

For workers, knowing your rights can protect your job and your health. For employers, providing the right notices is a legal obligation with real consequences.

You have the right to take protected leave, and your employer cannot pressure you to return early — not even for “just one quick call.”

Contact Us for Legal Advice and a Free Consultation

Have questions about your leave rights? Did your employer deny your time off or fail to follow FMLA notice rules?

Whether you’re fighting a wrongful denial or dealing with retaliation after taking leave, we’re here to help  —  an FMLA lawyer in New Jersey will review your situation, explain your rights, and help you take the next step, backed by the full strength of the law.

Contact us today for a free and confidential consultation. We’ll