Importance of Complying with BOTH Federal and State Disability Leave Laws

A worker in New Jersey is suing her employer for non-compliance with the NJ family leave law. She took 12 weeks off prior to childbirth under FMLA but claims that she used that leave for pre-delivery problems. Her claim is that the NJ law does not cover caring for a person’s own problems, she should have NJ coverage for 12 more weeks of leave under that law for post-partum care. She alleges that the employer failed to make any good-faith efforts to resolve the issue. There was no indication that the Pregnant Workers Fairness Act was taken into consideration. Apparently, the case is still in process.