Castronovo & McKinney, LLC provides legal representation for individuals in Berkeley Heights, NJ, facing discrimination by employers regarding medical or family leave. If your employer has denied or retaliated against you for taking leave under the Family and Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA), our experienced attorneys can help you understand and enforce your rights.
Know Your Rights: FMLA and NJFLA Protections
Both the FMLA and NJFLA protect employees from job loss during necessary medical or family leave. These laws cover a variety of situations, including medical treatments, the birth or adoption of a child, and caring for family members with serious health conditions. However, it’s important to remember that while these laws provide job security, they do not mandate paid leave.
FMLA
The FMLA provides up to 12 weeks of unpaid leave within a 12-month period for qualified employees. To be eligible, you must have worked for your employer for at least 12 months and logged at least 1,250 hours during the previous year at a location with 50 or more employees within a 75-mile radius.
NJFLA
The NJFLA also allows up to 12 weeks of leave, but within a 24-month period. It applies to employers with 50 or more employees globally. To qualify, you must have worked for your employer for at least 12 months and have accrued at least 1,000 base hours in the previous year.
Legitimate Reasons for Family Medical Leave
Employees in Berkeley Heights are entitled to take leave for various family and medical reasons, including:
- The birth and care of a newborn child.
- Bonding with an adopted child.
- Providing care for a spouse, child, or parent with a serious health condition.
- Addressing your own serious health condition.
- Dealing with family-related military service situations.
These leave protections ensure you can care for yourself or your loved ones without risking your job or benefits.
Important Considerations
Understanding the FMLA and NJFLA requirements is crucial. For example, while the FMLA does not allow leave to care for in-laws, the NJFLA does. Also, not all health conditions qualify for leave. For example, the condition must meet specific criteria such as:
- Inpatient care.
- More than three days of incapacity with ongoing treatment.
- Pregnancy-related conditions.
- Chronic health conditions.
- Long-term or terminal illnesses.
- Absence of over three days for multiple treatments.
Employers can request medical certification to verify the condition, but they cannot demand detailed medical records. It’s also illegal for employers to retaliate against employees for exercising their right to take leave under the FMLA or NJFLA.
Facing Discrimination or Retaliation?
If your employer is threatening your job or benefits during or after taking family medical leave, you may have grounds for a legal claim. Under both the FMLA and NJFLA, your employer must maintain your job position and continue providing benefits during your leave. If you face retaliation, our attorneys can help you pursue compensation and job reinstatement.
We aim to resolve employment disputes through negotiation but are ready to take legal action if necessary. You can trust us to protect your rights whether through settlement or litigation.
Contact Our Family Medical Leave Attorneys
If you’re facing issues with family medical leave in Berkeley Heights, NJ, such as denial of leave, loss of your job, or loss of benefits, Castronovo & McKinney, LLC can help. We have a proven track record of resolving FMLA and NJFLA disputes and ensuring your rights are upheld.
Contact us today to discuss your case and secure the compensation and protections you deserve.