Castronovo & McKinney, LLC represents employees throughout Bergen County, NJ who have experienced violations of their rights under the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA). If your employer denied your leave, interfered with your protected rights, or retaliated against you for taking qualified leave, our attorneys can help you protect your job, benefits, and legal rights.
The FMLA and NJFLA provide eligible employees with protected leave for qualifying medical and family circumstances. These laws help employees take necessary time away from work without losing their position or employer-sponsored health insurance. Whether you need leave for your own serious medical condition, to care for a loved one, or to welcome a new child into your family, you have legal protections under state and federal law.
Castronovo & McKinney, LLC helps employees understand their rights, evaluate potential violations, and pursue legal action when employers fail to comply with the law. If you are facing problems related to medical or family leave in Bergen County, NJ, our attorneys are prepared to advocate on your behalf.
Understanding FMLA and NJFLA Protections in Bergen County, NJ
The FMLA and NJFLA provide eligible employees with job-protected leave while requiring employers to maintain qualifying health insurance benefits during the leave period. Although the leave is generally unpaid, these laws prevent employers from terminating or penalizing employees for taking qualifying leave.
Under the FMLA, eligible employees may take up to 12 weeks of protected leave during a 12-month period. The NJFLA also provides up to 12 weeks of protected leave, but within a 24-month period.
To qualify for FMLA leave, employees generally must:
- Have worked for their employer for at least 12 months.
- Have worked at least 1,250 hours during the previous 12 months.
- Work for an employer with at least 50 employees within a 75-mile radius.
To qualify for NJFLA leave, employees generally must:
- Have worked for their employer for at least 12 months.
- Have worked at least 1,000 hours during the previous 12 months.
- Work for an employer covered by the NJFLA, which applies to employers with 50 or more employees worldwide.
Qualifying Reasons for Family and Medical Leave
Employees in Bergen County, NJ may qualify for protected leave under the FMLA for several reasons, including:
- The birth of a child and bonding with a newborn.
- The adoption or foster placement of a child.
- Caring for a spouse, child, or parent with a serious health condition.
- The employee’s own serious health condition that prevents them from performing their job.
- Certain military family leave situations involving a qualifying family member.
These protections allow employees to address significant medical and family responsibilities without fearing the loss of their employment.
Important Differences Between the FMLA and NJFLA
Although the FMLA and NJFLA share many similarities, they are not identical. For example, the NJFLA allows eligible employees to take leave to care for certain family members, including parents-in-law, who are not covered under the FMLA.
Both laws generally apply only to qualifying serious health conditions, including:
- Conditions requiring inpatient hospital care.
- Illnesses or injuries involving ongoing treatment by a healthcare provider.
- Medical conditions resulting in incapacity lasting more than three consecutive days with continuing treatment.
- Pregnancy-related medical conditions and prenatal care.
- Chronic or long-term medical conditions requiring continuing care.
Employers may require medical certification supporting the need for leave but cannot require employees to provide complete medical records or unnecessary private medical information.
Both the FMLA and NJFLA also prohibit employers from retaliating against employees for requesting or taking protected leave.
Employer Retaliation for Taking Protected Leave
Employers cannot legally terminate, demote, discipline, reduce benefits, or otherwise retaliate against employees for exercising their rights under the FMLA or NJFLA. They also cannot interfere with an employee’s ability to request or take protected leave.
If your employer denied your leave, threatened your job, reduced your benefits, or retaliated against you after requesting or taking protected leave, you may have grounds for legal action. Depending on your case, you may be entitled to reinstatement, lost wages, restored benefits, and other available damages.
Castronovo & McKinney, LLC works to resolve FMLA and NJFLA disputes through negotiation whenever possible. When employers refuse to comply with the law, our attorneys are prepared to pursue litigation to protect your rights.
Contact Our Bergen County FMLA and NJFLA Attorneys
If your employer denied your protected leave, interfered with your rights, or retaliated against you for taking FMLA or NJFLA leave in Bergen County, NJ, Castronovo & McKinney, LLC is ready to help. Our attorneys have extensive experience representing New Jersey employees in family and medical leave disputes and will work to protect your rights and pursue the compensation or reinstatement you deserve.
Contact Castronovo & McKinney, LLC today to discuss your situation with an experienced employment attorney.
