The Family Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA)
The federal Family Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA) protect your job during necessary family or medical leave. If you’re facing issues with medical leave or your employer is not respecting your rights under these laws, seek advice from a knowledgeable FMLA attorney.
Expert Legal Advice on FMLA and NJFLA
Castronovo & McKinney, LLC specializes in advising employees throughout New Jersey, including Atlantic City, about their rights under FMLA and NJFLA. These laws are vital for new parents needing maternity or paternity leave, employees requiring medical treatment, or those needing extended leave to care for a family member with serious health conditions.
Our attorneys are committed to helping you understand your rights and are ready to take legal action to protect your interests. If you have concerns or face challenges regarding FMLA and NJFLA, contact our offices for assistance.
How the FMLA and NJFLA Protect Employees in New Jersey
The FMLA and NJFLA are essential for employees needing leave for personal or family health reasons. These laws ensure job security and health benefits during leave, though they do not mandate paid leave. The FMLA allows for 12 workweeks of leave in a 12-month period, while the NJFLA provides up to 12 workweeks of leave in a 24-month period.
Eligibility for FMLA leave requires 12 months of employment, 1,250 hours worked over the past 12 months, and employment at a location with 50 or more employees within a 75-mile radius. NJFLA leave requires 12 months of employment and at least 1,000 hours worked in the preceding 12-month period. NJFLA applies to employers with 50 or more employees globally.
Permitted Reasons for Family Medical Leave
Under the Family Medical Leave Act, Atlantic City employees can take leave for:
- The birth and care of a newborn child.
- Bonding with a newly adopted child.
- Caring for a spouse, child, or parent with a serious health condition.
- Managing their own serious health condition.
- Addressing issues related to a family member’s military service.
These provisions support employees during significant family and personal events, ensuring job security.
Other Considerations
Understand the differences and limitations of the FMLA and NJFLA. The FMLA does not allow leave to care for in-laws, siblings, or grandparents. The NJFLA permits leave to care for a mother-in-law or father-in-law.
To qualify for leave under either the FMLA or NJFLA, the health condition must meet specific criteria, such as:
- Requiring inpatient care.
- Incapacity for more than three consecutive days with ongoing treatment.
- Related to pregnancy or prenatal care.
- A chronic health condition.
- A long-term or terminal health condition.
- Absence of more than three days for multiple treatments.
Employers can request medical certification to substantiate a serious health condition but cannot request detailed medical records. It’s illegal for employers to retaliate against employees requesting leave under the FMLA or NJFLA.
Were Your Benefits and/or Job Threatened by Your Family Leave?
If you’re facing a dispute over your medical leave rights or unfair treatment, our skilled attorneys are here to assist. During your leave, your employer must maintain your job position and continue your medical benefits.
Should you encounter issues after taking legally allowed family leave, such as threats to your job or benefits, you might have grounds for a claim against your employer. This could lead to job reinstatement, compensation, or both. Our team has extensive knowledge of both the FMLA and NJFLA and will strategize the most effective course of action for your case.
Contact Our Experienced New Jersey Family Medical Leave Act Attorneys
If you’re facing challenges with family medical leave in Atlantic City, including denial of leave or loss of job or benefits due to taking leave, our experienced legal team at Castronovo & McKinney, LLC can help secure the compensation you deserve. We have a strong history of successfully resolving disputes related to the FMLA and NJFLA, ensuring that your rights are defended.
Don’t hesitate to reach out to us for help with your family medical leave concerns. Contact us today to get started. We proudly represent clients throughout New Jersey, including those in Atlantic City, in their FMLA and NJFLA claims.