Castronovo & McKinney, LLC provides expert legal services to individuals facing discrimination by employers in Absecon, NJ. Our firm focuses on employee rights and has a thorough understanding of the New Jersey Family Leave Act (NJFLA).
The NJFLA safeguards employees needing time off for family-related reasons, such as caring for a seriously ill family member or bonding with a newborn. If you’re experiencing difficulties with family leave, our experienced attorneys can help.
Understand Your Rights Under the NJFLA
Under the NJFLA, employers with at least 50 employees must provide up to 12 weeks of leave every 24 months. During this leave, employers must maintain your benefits, including health insurance and paid time off, and ensure your job or a similar position is available when you return.
To qualify for NJFLA leave, you must have worked for your employer for at least 12 months and logged a minimum of 1,250 hours in the past year. The workplace must also have 50 or more employees within a 75-mile radius. Notice requirements for leave are as follows:
- 30 days for childbirth or adoption
- 15 days for immediate family member care
Emergency situations allow for shorter notice, and employers may require medical certification for leave requests. Importantly, employers cannot retaliate against you for exercising your rights under the NJFLA, and violations can lead to legal action.
For assistance with NJFLA issues in Absecon, NJ, contact Castronovo & McKinney, LLC. We specialize in protecting employee rights under this act, ensuring your benefits and job position are secure.
Eligible Reasons for Family Leave
The NJFLA allows eligible employees to take leave for specific family-related reasons, including:
- Welcoming a newborn, adopted, or foster child within one year of birth or placement.
- Caring for a family member with a serious health condition or ongoing medical needs. ‘Family member’ includes children, spouses, parents, siblings, grandparents, grandchildren, domestic partners, and others with whom you have a close relationship.
- Assisting a family member during a public health emergency or when a child’s school is closed due to such emergencies.
It’s essential to understand that the NJFLA does not cover leave for your own medical condition, unlike the federal Family Medical Leave Act (FMLA).
Common Violations of the NJFLA
Violations of the NJFLA can include actions such as denying a male employee leave to bond with a newborn or demoting female employees upon their return from family leave. Employers who count protected leave negatively in performance evaluations or confuse NJFLA leave with FMLA leave also violate the law. Employees have the right to use FMLA leave before accessing NJFLA leave.
Understanding these legal complexities is crucial. If you are in Absecon and facing NJFLA violations, seek legal assistance to ensure your rights are upheld.
How Castronovo & McKinney Can Assist You
Our legal team is dedicated to taking action against employers who violate employee rights. If you were wrongfully terminated for taking protected leave, you may be entitled to compensation, including lost wages, benefits, and damages for emotional distress.
In cases of severe misconduct, punitive damages may also apply, serving as both punishment and deterrent for similar actions by other employers. Successful claims can also result in the employer covering your legal fees and court costs, relieving you of financial burdens while seeking justice.
Contact Our Experienced NJ Family Leave Act Attorney
Castronovo & McKinney, LLC is committed to addressing denied protected leave under the NJFLA. If you are in Absecon, our experienced family leave attorneys are ready to represent you and uphold your rights. Contact us to learn how we can assist you.