The federal Family Medical Leave Act (FMLA) and its New Jersey counterpart, the New Jersey Family Leave Act (NJFLA), stand as pivotal safeguards ensuring job security during crucial family or medical absences. Should you encounter obstacles in obtaining medical leave or if your employer fails to uphold your rights under these statutes, seeking guidance from a proficient FMLA attorney becomes imperative.
Castronovo & McKinney, LLC specializes in providing counsel to employees across New Jersey, with a focus on Atlantic County, regarding their entitlements under FMLA and NJFLA. These legal frameworks hold particular significance for new parents requiring parental leave, individuals undergoing medical treatment, or those necessitating extended absence to care for a family member facing severe health issues.
Our legal team is committed to elucidating your entitlements and stands prepared to pursue legal recourse to safeguard your interests. Should you encounter uncertainties or obstacles concerning FMLA and NJFLA matters, do not hesitate to reach out to our offices located in Morristown or Manhattan for assistance.
How FMLA and NJFLA Safeguard Employees in Atlantic County
FMLA and NJFLA serve as vital protections for employees necessitating time off due to personal or familial health exigencies. These laws ensure retention of job roles and health benefits during absences, albeit without stipulating paid leave. FMLA grants up to 12 workweeks of leave within a 12-month span, while NJFLA offers a similar duration within a 24-month period.
Eligibility for FMLA leave mandates a minimum of 12 months of service with the employer, accumulation of at least 1,250 work hours over the preceding year, and employment at a site with 50 or more employees within a 75-mile radius. NJFLA eligibility necessitates a minimum of 12 months of service with the employer and accumulation of at least 1,000 base hours over the previous year. NJFLA applies to employers with at least 50 employees worldwide
Permitted Reasons for Family Medical Leave .
Permissible Grounds for Family Medical Leave FMLA provisions afford Atlantic County employees the right to take leave for various significant life events, including:
- Birth and subsequent care of a newborn child.
- Bonding with a newly adopted child.
- Caregiving responsibilities for a spouse, child, or parent facing serious health conditions.
- Management of one’s own serious health condition.
- Attendance to matters related to a family member’s military service.
These provisions aim to support employees during pivotal familial and personal milestones, ensuring job security while addressing critical responsibilities.
Other Considerations
Other Considerations Understanding the disparities and limitations between FMLA and NJFLA is paramount. FMLA, for instance, does not extend leave entitlements to care for in-laws, siblings, or grandparents, whereas NJFLA permits leave for caring for parents-in-law.
Were Your Benefits and/or Job Threatened by your Family Leave?
To qualify for leave under either statute, the health condition prompting the absence must meet specific criteria, such as requiring inpatient care, causing incapacity for more than three consecutive days with ongoing treatment, or being related to pregnancy, chronic ailments, or long-term health issues. Employers may request medical certification to validate a serious health condition but cannot demand detailed medical records. Moreover, retaliatory actions against employees exercising their FMLA or NJFLA rights are unlawful.
Facing Threats to Your Benefits or Job Due to Family Leave? Should you encounter disputes concerning your medical leave entitlements or experience unfair treatment, our adept family medical leave attorneys are poised to assist. It’s crucial to recognize that during your leave, your employer is obligated to maintain your job position and continue providing medical benefits.
Instances of job threats or benefit loss subsequent to permissible family leave may warrant legal action against your employer, potentially resulting in job reinstatement, compensation, or both. Our team possesses comprehensive knowledge of both FMLA and NJFLA, enabling us to devise the most efficacious strategies for your case.
While we prioritize resolving employment disputes through negotiation, we are fully prepared to pursue litigation when necessary. Count on us to ardently defend your employment rights, whether through negotiation or legal proceedings.
Contact Our Experienced New Jersey Family Medical Leave Act Attorneys
Reach Out to Our Seasoned New Jersey Family Medical Leave Act Attorneys If you encounter challenges related to family medical leave in Atlantic County, such as leave denial or adverse employment actions due to leave utilization, our seasoned legal team at Castronovo & McKinney, LLC stands ready to assist you in asserting your rightful entitlements. With a proven track record of resolving disputes concerning FMLA and NJFLA, we are dedicated to ensuring the vigorous defense of your rights.
Do not hesitate to contact us for guidance with your family medical leave concerns. Our commitment is to protect your rights and secure favorable outcomes for your case. Reach out to us today to initiate the process. We take pride in representing clients across New Jersey, including those in Atlantic County, in their FMLA and NJFLA matters.