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GERETY v. HILTON CASINO RESORT

877 A.2d 1233 (2005)

184 N.J. 391

Christina M. GERETY and John Gerety, Husband and Wife, Plaintiffs-Respondents, v. ATLANTIC CITY HILTON CASINO RESORT, Defendant-Appellant, and Mary Buruss, Rachel Bogatin, and John Does 1 through 50, inclusive, fictitious named defendants, jointly, severally, and in the alternative, Defendants.

Supreme Court of New Jersey.

Decided July 25, 2005.

Attorney(s) appearing for the Case

David W. Garland, Newark, argued the cause for appellant (Sills Cummis Epstein & Gross and Grotta, Glassman & Hoffman, attorneys; Mr. Garland and Jerrold J. Wohlgemuth, on the brief).

Clifford L. Van Syoc, argued the cause for respondents (Van Syoc Chartered, attorneys; Mr. Van Syoc, James E. Burden and Sebastian B. Ionno II, on the briefs).

John J. Sarno and Mark A. Saloman, Newark, argued the cause for amicus curiae, Employers Association of New Jersey (Proskauer Rose, attorneys; Edward Cerasia II, of counsel; Mr. Sarno, Mr. Saloman, Mr. Cerasia and Bryant A. Roman, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

Both state law, N.J.S.A. 34:11B-1 to -16, and federal law, 29 U.S.C.A. § 2612, require that a qualifying employer must provide its employees with twelve weeks of unpaid leave for certain family and medical reasons during a consecutive twelve month period. Defendant Atlantic City Hilton Casino Resort provides its employees with twenty-six weeks of unpaid family and medical leave during a consecutive...

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