August 1, 2007
RE: Notice of Change in the New Jersey Leave Act (NJ FLA) 24-Month Measuring Period and the Federal Family and Medical Leave Act (FMLA) 12-Month Measuring Period in New Jersey
As described in your employment policies, under the NJ FLA, eligible employees are entitled to a total of 12 weeks of leave during a 24-month measuring period for any of the following reasons:
- To care for/bond with your newborn child
- Placement of a child with you for adoption
- The serious health condition of a covered family member
In addition, under the federal FMLA, eligible employees are entitled to a total of 12 weeks of leave during a 12-month measuring period for any of the following reasons:
- The birth of a child and to care for a newborn child
- The placement of a child for adoption or foster care
- To care for a seriously ill spouse, child, or parent
- Because of a serious health condition that makes you unable to perform the functions of your job.
In the past, the Pearson operating companies have used the measure forward method as the measuring period for employees working in New Jersey. Effective October 1, 2007, Pearson will begin calculating leaves using the rolling backward method instead. Under the rolling backward method, the new period is measured backward from the date the employee uses any leave. Each time an employee uses FMLA or NJ FLA leave, his or her remaining leave entitlement will be any balance of the 12 weeks’ leave allotment that has not been used during the immediately preceding measuring period. Put another way: on each day of the year, an employee’s FMLA/NJ FLA leave entitlement is determined by the amount of such leave that he or she used in the 12 (FMLA) or 24 (NJ FLA) months preceding that date.
If you work in New Jersey and are on a leave as of October 1, 2007, you will retain the full benefit of your entitlement of FMLA or NJ FLA leave under the measuring period (either the measure forward or rolling backward method) that gives you the greatest benefit.
If you have any questions concerning this notice, please contact Pearson People Services (PPS) at 1-877-311-0948.