Absecon FMLA Lawyers

Absecon Family Medical Leave Act

Castronovo & McKinney, LLC offers expert legal services to individuals in Absecon, NJ, who have faced discrimination by employers regarding their rights under the Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). These laws are vital for protecting your job when you need to take leave for family or medical reasons.

Understanding your rights under FMLA and NJFLA is crucial, especially for new parents needing maternity or paternity leave, employees requiring medical treatment, or those caring for a family member with serious health conditions. Our attorneys are here to guide you and take legal action if necessary.

Protection Under FMLA and NJFLA

The FMLA provides up to 12 workweeks of leave within a 12-month period, while the NJFLA allows for up to 12 workweeks within a 24-month span. While both laws protect job security and health benefits during leave, they do not guarantee paid leave.

To qualify for FMLA, you must have worked for your employer for at least 12 months, logged a minimum of 1,250 hours in the past year, and work at a location where your employer has 50 or more employees within a 75-mile radius. NJFLA eligibility requires at least 12 months of employment and 1,000 base hours in the previous 12 months, applicable to employers with 50 or more employees worldwide.

Reasons for Taking Family Medical Leave

Employees in Absecon, NJ, have the right to take leave under FMLA for several significant events, including:

  • The birth and care of a newborn child.
  • Bonding with an adopted child.
  • Caring for a spouse, child, or parent with a serious health condition.
  • Managing your own serious health condition.
  • Addressing family-related military service issues.

These provisions are designed to ensure job security during critical life events.

Key Considerations

Understanding the distinctions between FMLA and NJFLA is essential. For instance, FMLA does not permit leave to care for in-laws, siblings, or grandparents, whereas NJFLA allows for leave to care for a mother-in-law or father-in-law. Health conditions must meet specific criteria to qualify for leave, such as requiring inpatient care, causing prolonged incapacity, or being related to pregnancy or chronic conditions.

Employers may request medical certification for FMLA leave but cannot demand detailed medical records. Additionally, it is illegal for employers to retaliate against employees who request leave under either act.

Facing Threats to Your Job or Benefits?

If your job or benefits have been jeopardized due to medical leave, it’s critical to act. Your employer is required to maintain your job position and health benefits during your leave. Should you encounter threats or unfair treatment, you may have grounds for a claim, potentially leading to job reinstatement or compensation.

Our experienced attorneys at Castronovo & McKinney, LLC understand FMLA and NJFLA intricacies and can help determine the best strategy for your situation. While we aim to resolve disputes through negotiation, we are prepared to pursue legal action if necessary.

Contact Our Legal Team

If you are experiencing challenges related to family medical leave in Absecon, NJ, including denied leave or lost job benefits, our legal team is ready to assist you. We have a strong track record of successfully advocating for clients in FMLA and NJFLA matters.

Reach out to us today for help. We are committed to defending your rights and achieving favorable outcomes in your case.