Contrasting the Rules and Reasons for Sick Leave vs. Workers’ Compensation in New Jersey
When an employee gets sick or injured, they can often be confused about what steps to take to ensure that their job remains safe and maybe even that they receive some financial support to weather the storm. Are there systems in place to protect and provide for employees when this happens? The attorneys at Cohen & Riechelson can walk you through the legal systems existing at the federal and state levels that can benefit you based on your situation in New Jersey. Contact us at (609) 528-2596 today.
Distinguishing Between FMLA and Workers’ Comp for NJ Employees
New Jersey workers’ compensation insurance is a state program that requires employees to have workers’ compensation insurance in the case that an employee is injured or becomes ill as a direct result of their work on the job. Workers’ compensation insurance provides temporary disability benefits to injured employees who are unable to work, at all or to their full capacity, that constitute a portion of their weekly wage. These disability benefits are designed to cover things like medical care, lost wages, and associated out-of-pocket costs. An employee who is receiving temporary disability benefits cannot be fired due to their incapacity. There is also a federal workers’ compensation insurance program for federal employees in New Jersey.
Both workers’ compensation and FMLA can be used when an employee faces a serious injury or illness that prevents them from working. One of the primary differences between the two, however, involves the specifics of the injury. Workers’ compensation – which provides benefits of around 70 percent of one’s weekly wage – only applies if the employee sustained the injury or illness on the job.
The Federal Family and Medical Leave Act provides job security to employees who are unable to work due to a serious illness or injury. Up to 12 weeks of protected unpaid leave can be taken by employees who have worked at a company with at least 50 employees and at least 1,250 hours in the past year. If an employee comes back to the job before their yearly 12 weeks of unpaid leave has been used up, they have the ability to use the remainder at a later date if necessary.
FMLA is an unpaid job protection program. As such, one would apply for workers’ compensation benefits if they were injured on the job, so that they could recover some of their lost wages while recovering physically. One would apply for FMLA if, outside of their working life, they or a family member became seriously ill.
What Happens after Temporary Disability Benefits or Medical Leave Expires in NJ?
The FMLA protects the individual’s job, so if that 12-week medical leave expires, the employer can legally terminate them. The workers’ compensation system works differently. When their current temporary disability benefits expire, the person may be eligible to receive permanent disability benefits, even beyond employment with the company, depending on the nature of their work-related injury or illness.
Paid Sick Leave vs. Unpaid Medical Leave in New Jersey
There is a major difference between unpaid medical leave taken under the FMLA and paid sick leave, which is taken when an employee uses their unused, earned sick leave to take time off to take care of a family member or themselves. An employee who chooses to use accumulated sick days for paid leave will receive their same wages, as opposed to FMLA which is unpaid, and workers’ compensation medical benefits, which are based on a percentage of their total wages.
If you are eligible for workers’ compensation, there are some financial reasons to use sick leave instead, as paid sick leave allows you to receive your usual income, not a portion of it. However, there are some major drawbacks as well, since using sick leave disqualifies you from temporary disability benefits under the workers’ compensation program.
The singular exception to taking sick leave and workers’ compensation is reserved for New Jersey school employees. If you work at a school as a teacher or another educational employee, you are allowed to take your regular wages and not relinquish your sick leave days for disabilities that are related to your job. Once the paid sick leave has been exhausted, you may still be able to receive temporary disability payments.
Our Workers’ Compensation Lawyers Can Help Determine What’s Right for You after Illness or Injury in New Jersey
An experienced attorney at Cohen & Riechelson is a great ally to have when your job-related illness keeps you from working for an extended period of time, or when you need to take a leave of absence because of an unrelated injury or family member’s illness. When you are wondering about the legal avenues applicable to your situation, our workers’ compensation lawyers will provide you information about the New Jersey and federal programs, and how best to go about being protected both financially and in terms of job security as you navigate these tough times.
Our counsel will allow you to take full advantage of the available resources and protections set up on your behalf, so you don’t find yourself out on a limb when you need help most. Contact our law firm serving Princeton, Burlington, Somerset, West Windsor, Hamilton, Trenton, Titusville, Pemberton, and all of Southern New Jersey at (609) 528-2596 for a free consultation today to learn how to move forward in the best way for you and your family.
