The New Jersey Family Leave Act (NJFLA) stands as a pivotal safeguard for employees in Atlantic County requiring time off for familial obligations such as tending to a seriously ill family member or bonding with a newborn. Facing challenges in securing family leave? Castronovo & McKinney, LLC offers tailored assistance.
Our firm boasts a specialized focus on employee rights across New Jersey, with an acute grasp of NJFLA intricacies. We endeavor to hold employers accountable for any breaches of this legislation. Your consultation will directly engage you with a seasoned attorney well-versed in family leave law. They will enlighten you on your entitlements and explore the legal avenues at your disposal. For adept counsel on NJFLA matters in Atlantic County, reach out to our office promptly.
Understanding Your Entitlements Under the New Jersey Family Leave Act According to New Jersey statutes, companies with a minimum of 50 employees globally are mandated to provide up to 12 weeks of leave within a 24-month period. Throughout this duration, employers must sustain the employee’s benefits, encompassing health insurance and paid time off, while ensuring their position or a comparable one upon their return.
Eligibility for NJFLA leave mandates employees to have completed at least 12 months with their employer and logged a minimum of 1,250 hours in the preceding year. The workplace must house 50 or more employees within a 75-mile radius.
Provisioning notice for leave requests is imperative:
• 30 days for childbirth or adoption • 15 days for the care of an immediate family member
Exceptions for exigent circumstances permit shorter notice periods. Employers reserve the right to request medical certification to substantiate leave claims. Notably, retaliating against employees exercising their NJFLA rights is strictly prohibited, with infringements carrying legal repercussions.
For legal aid concerning NJFLA affairs in Atlantic County, Castronovo & McKinney, LLC specializes in safeguarding employee rights under this legislation, ensuring the protection of your benefits and position.
Qualifying Grounds for Family Leave The NJFLA affords eligible employees the opportunity to take leave for specific family-centric reasons:
• Welcoming a newborn, adopted, or foster child within one year of birth or placement. • Caring for a family member with a severe health condition or requiring continual medical care. The definition of ‘family member’ is expansive, covering children, spouses, parents, parents-in-law, siblings, grandparents, grandchildren, domestic partners, blood relatives, and individuals sharing a familial bond with the employee. • Assisting a family member during a state of emergency prompted by a communicable disease epidemic, exposure to such a disease, or measures to prevent its transmission. This provision extends to scenarios where a child’s school closure arises due to public health emergencies.
It is crucial to discern that the NJFLA excludes leave for an employee’s personal medical condition, a notable divergence from the federal Family Medical Leave Act (FMLA).
For legal support regarding NJFLA matters in Atlantic County, Castronovo & McKinney, LLC specializes in navigating these intricate regulations to uphold clients’ rights.
Common NJFLA Violations Several employer actions under the NJFLA can amount to violations. For instance, denying a male employee leave for newborn bonding constitutes an infringement. Similarly, demoting or reassigning female employees post-family leave reintegration constitutes retaliation and contravenes this statute.
Another prevalent breach arises when employers incorporate an employee’s NJFLA leave detrimentally in performance evaluations. Moreover, some employers erroneously overlap NJFLA leave with FMLA leave. It is imperative to exhaust FMLA leave before utilizing NJFLA leave, with employers failing to distinguish between the two running afoul of NJFLA regulations.
Effectively navigating these legal intricacies necessitates the expertise of a seasoned Atlantic County family leave attorney. For individuals grappling with such issues in Atlantic County, seeking legal aid is pivotal to safeguarding NJFLA rights.
How Castronovo & McKinney Can Help
How Castronovo & McKinney Can Assist Our legal acumen equips us to pursue recourse against employers flouting your rights. If your employer wrongfully terminated you for taking protected leave, you may be eligible for various forms of compensation. This includes recuperating lost wages and benefits, alongside damages for emotional distress stemming from the termination.
In cases of egregious employer misconduct, punitive damages may be awarded, serving as both retribution and deterrence against similar transgressions.
Moreover, successful litigants may have their legal fees and court expenses covered by the employer, alleviating the financial strain associated with seeking justice. For Atlantic County residents embroiled in such disputes, we are committed to upholding and protecting your NJFLA rights.
Contact Our Experienced New Jersey Family Leave Act Attorney
Reach Out to Our Experienced Atlantic County Family Leave Attorney At Castronovo & McKinney, LLC, we specialize in redressing denials of protected leave under the NJFLA. As our client in Atlantic County, you’ll benefit from representation by a seasoned family leave attorney dedicated to safeguarding your rights. Contact us today to explore how we can aid in your specific circumstances.