Can you be laid off during family leave bonding time

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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