FMLA-10 — FMLA in relation to New Jersey Family Leave Law

U.S. Department of Labor
Employment Standards Administration
Wage and Hour Division
Washington, D.C. 20210

October 27, 1993 FMLA-10

Dear
Name*,

This is in reply to your letter to the Administrator, Wage and Hour Division, U.S. Department of Labor,
asking questions regarding the application of the Family and Medical Leave Act of 1993 (FMLA) and its
relationship to the New Jersey family leave law.

One of the three tests for eligibility of an employee to take FMLA leave provided in section 825.110(a) of
Regulations, 29 CFR Part 825, is that the employee "is employed at a worksite where 50 or more
employees are employed by the employer within 75 miles of that worksite." As provided in section
825.111(a)(2), for employees with no fixed worksite, the "worksite" is the site to which they are assigned
as their home base, from which their work is assigned, or to which they report. Under Scenario I in your
letter, the sales representatives reports to the employer headquarters in New Jersey where her
supervisory management is located, which for FMLA purposes would be her "worksite." If there are 50 or
more employees within 75 miles of that worksite, this sales representative is eligible to take FMLA leave.

Under Scenario 2, the sales representatives "worksite" would be the headquarters in New Jersey and he
would be eligible to take FMLA if there are 50 or more employees within 75 miles of that worksite.

The sales representative in Scenario 3, would also be eligible to take leave, provided the 50-employee
test noted above is met. Whether an employer is a covered employer under State law is not relevant to
any determination of coverage under FMLA. As provided in section 825.701(a), nothing in supersedes
any provision of State or local law which provides greater family or medical leave rights. The Department
of Labor, however, will not enforce State family leave laws, and States may not enforce the FMLA.

The Department did prepare some side-by-side comparisons of FMLA and various State family leave
laws to assist the public, with the aid of the State governments. With respect to the New Jersey family
leave law, we consulted with the New Jersey Division on Civil Rights and entries describing the State law
were made and/or edited with in accordance with information furnished by the State. The Department of
Labor does not enforce or interpret the application of State laws.

We have again contacted the New Jersey Division of Civil Rights regarding the two issues you raised. We
have been informed that the New Jersey law specifically permits the use of family and medical leave to
care for a seriously ill father-in-law or mother-in-law. There is no requirement for a parent-child
relationship as described in your letter. Based upon this information, we believe this entry on the
side-by-side comparison of the FMLA and New Jersey law is correct. On intermittent leave, we agree with
you that the New Jersey and Federal laws contain similar provisions, and our publication will be revised to
reflect this comparability.

If you need further clarification of the requirements of the New Jersey law, it is suggested that you contact
Linda Wong Peres, Assistant Director of the Policy Bureau, New Jersey Division on Civil Rights, at
(609) 984-7091.

Sincerely,

J. Dean Speer
Director, Division of Policy and Analysis

cc: New Jersey Division on Civil Rights

* Note: The actual name(s) was removed to preserve privacy in accordance with 5 U.S.C. 552 (b)(7).
Working to Improve the Lives of America's Workers Page 1 of 1