Castronovo & McKinney, LLC represents employees in Weymouth Township, NJ whose employers have violated their rights under the Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). If your employer denied your leave request, interfered with your protected leave, retaliated against you, or refused to restore your position after your leave ended, our attorneys can help protect your rights and pursue legal action when appropriate.
Understanding Your Rights Under the FMLA and NJFLA
The FMLA and NJFLA provide eligible employees with unpaid, job-protected leave for specific family and medical reasons. These laws allow qualified workers to take necessary time away from work without losing their jobs or employer-provided health insurance benefits.
Depending on your circumstances, protected leave may be available for:
- Your own serious health condition
- Pregnancy and childbirth
- Bonding with a newborn, adopted, or foster child
- Caring for a spouse, child, parent, or other qualifying family member with a serious health condition
- Certain situations related to a family member’s military service
Both federal and New Jersey law prohibit employers from interfering with these rights or retaliating against employees who exercise them.
Family and Medical Leave Act (FMLA)
The FMLA is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period.
To qualify, employees generally must:
- Have worked for their employer for at least 12 months
- Have completed at least 1,250 hours of work during the previous 12 months
- Work at a location where the employer has at least 50 employees within a 75-mile radius
Eligible employees are entitled to return to the same or an equivalent position after protected leave ends.
New Jersey Family Leave Act (NJFLA)
The NJFLA provides additional protections for eligible New Jersey employees by allowing up to 12 weeks of unpaid leave during a 24-month period for qualifying family-related reasons.
To qualify, employees generally must:
- Have worked for the employer for at least 12 months
- Have completed at least 1,000 hours during the previous 12 months
The NJFLA applies to employers meeting New Jersey’s coverage requirements and offers broader family leave protections in certain situations. For example, the NJFLA allows leave to care for a parent-in-law, a benefit not provided under the FMLA.
Qualifying Reasons for Protected Leave
Employees may qualify for leave under the FMLA, NJFLA, or both, depending on the circumstances.
Common qualifying reasons include:
- Birth of a child and bonding leave
- Adoption or foster care placement
- Caring for a spouse, child, parent, or other qualifying family member with a serious health condition
- Your own serious health condition under the FMLA
- Certain military family leave situations
A serious health condition may involve inpatient care, ongoing medical treatment, pregnancy-related conditions, chronic illnesses, or conditions that result in more than three consecutive days of incapacity. While employers may request medical certification, they cannot require unrestricted access to your private medical records.
Employer Violations of FMLA and NJFLA Rights
Employers must comply with federal and New Jersey leave laws. Violations may include:
- Denying eligible leave requests
- Discouraging employees from taking protected leave
- Retaliating against employees for requesting or taking leave
- Failing to restore an employee to the same or a comparable position
- Terminating or disciplining an employee because they exercised protected leave rights
If your employer has violated your rights, you may be entitled to reinstatement, restoration of lost benefits, lost wages, compensation for damages, and other legal remedies.
Legal Representation for Employees in Weymouth Township, NJ
Employees in Weymouth Township, NJ deserve the protections provided by the FMLA and NJFLA. Castronovo & McKinney, LLC represents workers whose employers have violated these laws and works to hold employers accountable for unlawful conduct.
Whether your employer denied protected leave, retaliated against you, or refused to restore your position, our employment attorneys can evaluate your claim, explain your legal options, and pursue the compensation and relief available under federal and New Jersey law.
Contact Our FMLA and NJFLA Attorneys Serving Weymouth Township, NJ
If you believe your employer violated your rights under the FMLA or NJFLA, Castronovo & McKinney, LLC is ready to help. We represent employees throughout Weymouth Township, NJ in disputes involving protected medical and family leave.
Contact us today to schedule a consultation with an experienced New Jersey employment attorney.
