Can you be laid off during family leave bonding time

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Can you be laid off during family leave bonding time

small firm under 50 employees
currently i am on TDI maternity leave I have about 3 more weeks if dr. deems
ready to go back to work. I will be taking the 6 weeks of paid family leave FLI
right after my temporary disability runs out.
The are laying off everyone and outsourcing. My question is that my job position
was protected during the disability at least it is what they said but does the
same apply for the FLI, meaning can thy lay me off during my 6 week bonding time
or they have to wait until i actually go back to work after TDI and FLI.

And if they let me go during TDI or FLI will the payments continue for the
disability and the family ins…………and than the unemployment will kick in?

Asked on July 31, 2018 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can be laid off during family leave so long as the lay off can be shown to be bona fide not related to your leave or personal situation--for example, if it is a general layoff of everyone your department or location or company, as you indicate it is. Family leave protects you from losing your job because you are taking leave, but not due to factors outside that leave--for example, it does not require the employer to keep your location or department open just for you. Disability payments will likely stop once your employment ceases, since if you are not working anyway, you are not entitled to income replacement for an inability to work due to a medical, etc. condition. Similarly, the employer's oblligation to pay any insurance premiums will end once your job ends, though you can then continue to purchase the same insurance at your own cost through COBRA.


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