Castronovo & McKinney, LLC offers expert legal services to individuals in Folsom, NJ who face discrimination from employers related to family leave. If you’re encountering issues with family leave, our experienced attorneys are here to help protect your rights under the New Jersey Family Leave Act (NJFLA).
Our firm specializes in ensuring that employees in Folsom, NJ are granted the leave they’re entitled to under the NJFLA. We will guide you through the legal process and hold employers accountable for any violations of the act. When you consult with us, you will speak directly with an attorney who understands the complexities of the NJFLA and can help you explore your legal options.
Know Your Rights Under The New Jersey Family Leave Act
Under the NJFLA, employees who work for employers with at least 50 employees within a 75-mile radius are entitled to up to 12 weeks of family leave every 24 months. This leave must be provided for family-related obligations such as bonding with a newborn or caring for a seriously ill family member. Employees are also entitled to keep their health insurance benefits and have their position (or an equivalent one) preserved during this time.
To qualify for leave, employees must have worked for at least 12 months and have accumulated at least 1,250 hours over the past year. Leave requests require 30 days’ notice for childbirth or adoption, and 15 days’ notice for caregiving purposes, although emergency situations may shorten this period. Employers cannot retaliate against employees who take this leave, and violations can lead to legal action.
Qualifying Reasons for Family Leave
The NJFLA allows employees to take leave for the following reasons:
- Bonding with a newborn, adopted, or foster child within one year of birth or placement.
- Caring for a family member with a serious health condition, including children, spouses, parents, domestic partners, and others closely related by blood or law.
- Assisting a family member during an emergency related to a public health crisis, such as an epidemic.
It is important to note that the NJFLA does not cover leave for an employee’s own medical condition, unlike the federal Family Medical Leave Act (FMLA).
Common Violations of the NJFLA
Employers who deny leave for bonding with a newborn or penalize an employee upon returning from family leave are violating the NJFLA. Other common violations include using an employee’s leave against them in performance evaluations, or incorrectly combining NJFLA and FMLA leave. It’s crucial that employers distinguish between these two types of leave, as they are separate entitlements.
How Castronovo & McKinney Can Help
If your employer has wrongfully denied or retaliated against you for taking NJFLA leave, Castronovo & McKinney, LLC is prepared to help you seek justice. You may be entitled to compensation for lost wages, benefits, and emotional distress. In extreme cases, punitive damages may apply, and the employer may be required to cover your legal fees and court costs.
If you’re in Folsom, NJ, and need legal guidance regarding your NJFLA rights, contact Castronovo & McKinney, LLC for assistance. Our experienced attorneys will work tirelessly to protect your rights and ensure you receive the leave you’re entitled to.