The New Jersey Family Leave Act (NJFLA)
The New Jersey Family Leave Act (NJFLA) protects employees needing time off for family-related reasons, like caring for a seriously ill family member or bonding with a newborn. If you face issues with obtaining family leave, Castronovo & McKinney, LLC can help.
Expertise in Employee Rights
Castronovo & McKinney, LLC specializes in employee rights across New Jersey, particularly with the NJFLA. We hold employers accountable for violating this law. During your consultation, you’ll speak with an experienced family leave attorney who will explain your rights and legal options.
Know Your Rights Under NJFLA
New Jersey law mandates that companies with at least 50 employees globally provide up to 12 weeks of leave every 24 months. During this period, employers must maintain benefits like health insurance and paid time off, and ensure the employee’s position is available upon return.
To qualify for NJFLA leave, employees must have worked for their employer for at least 12 months and completed 1,250 hours over the past year. The workplace must have 50 or more employees within a 75-mile radius.
Employees must provide advance notice for leave requests:
- 30 days for childbirth or adoption
- 15 days for immediate family member care
Emergency situations allow for shorter notice. Employers may request medical certification to support leave requests. Retaliation against employees exercising their rights under the NJFLA is prohibited and can lead to legal consequences.
Qualifying Reasons for Family Leave
The NJFLA provides eligible employees 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 needing ongoing medical care
- Assisting a family member during a state of emergency due to an epidemic of a communicable disease, or when a child’s school is closed due to public health emergencies
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
Employer actions that violate the NJFLA include:
- Denying a male employee leave for bonding with a newborn
- Demoting or reassigning female employees after family leave
- Penalizing protected leave in performance evaluations
- Incorrectly overlapping NJFLA leave with FMLA leave
Employers must distinguish between NJFLA and FMLA leave, allowing employees to exhaust FMLA leave before using NJFLA leave.
How Castronovo & McKinney Can Help
Our firm pursues legal action against employers who violate your rights. If wrongfully terminated for taking protected leave, you may be eligible for compensation, including lost wages, benefits, and damages for emotional distress. In cases of egregious misconduct, punitive damages may also be awarded. You may also recover legal fees and court costs.
Contact Our Experienced NJFLA Attorney
At Castronovo & McKinney, LLC, we address denials of protected leave under the NJFLA. As our client in Atlantic City, you’ll be represented by a seasoned family leave attorney dedicated to upholding your rights. Contact us to learn how we can assist in your situation.