Castronovo & McKinney, LLC is committed to defending employees’ rights in Berkeley Heights, NJ, particularly under the New Jersey Family Leave Act (NJFLA). This law provides vital protections for workers needing time off to care for a seriously ill family member or bond with a newborn. If you are facing challenges related to family leave, our experienced attorneys are here to guide you.
Our team is well-versed in the NJFLA and focused on holding employers accountable for any violations. When you consult with us, you will speak directly with a knowledgeable family leave attorney who will explain your rights and legal options. If you need assistance with NJFLA issues in Berkeley Heights, contact our office today.
Understanding Your Rights Under the New Jersey Family Leave Act
The NJFLA mandates that employers with 50 or more employees must provide up to 12 weeks of leave every 24 months. During this time, they must maintain employee benefits like health insurance and ensure that the employee’s position or a comparable one is available upon their return.
To qualify, employees must have worked for the employer for at least 12 months and logged at least 1,250 hours in the prior year. Additionally, the employer’s workplace must have 50 or more employees within a 75-mile radius.
Employees must give advance notice for leave requests:
- 30 days for childbirth or adoption
- 15 days for caring for an immediate family member
- In emergencies, shorter notice is allowed
Employers can request medical certification to verify the need for leave, but they cannot retaliate against employees for asserting their rights under the NJFLA. Violations of this law can lead to legal consequences.
Eligible Reasons for Family Leave
Employees may take NJFLA leave for the following reasons:
- Welcoming a newborn, adopted, or foster child within one year of birth or placement.
- Caring for a family member with a serious health condition requiring ongoing medical care. “Family member” includes children, spouses, parents, siblings, grandparents, grandchildren, domestic partners, and others with whom the employee has a familial bond.
- Assisting a family member during a public health emergency, such as a communicable disease outbreak or school closures.
Unlike the FMLA, the NJFLA does not cover leave for an employee’s own medical condition. Our team can help you navigate these differences to ensure your rights are upheld.
Common Violations of the New Jersey Family Leave Act
Common violations of the NJFLA include:
- Denying male employees leave to bond with a newborn.
- Demoting or reassigned female employees after they return from family leave.
- Counting NJFLA leave negatively in performance reviews.
- Failing to properly distinguish between NJFLA and FMLA leave.
Employees are entitled to use FMLA leave before tapping into NJFLA leave. Employers who fail to make this distinction are violating the NJFLA. If you’re facing these issues, it’s crucial to consult with an attorney to protect your rights.
How Castronovo & McKinney Can Assist You
If your rights have been violated under the NJFLA, we are ready to take legal action. This may include seeking compensation for lost wages and benefits, as well as emotional distress damages resulting from wrongful termination. In cases of severe misconduct, punitive damages may be available to deter future violations.
We also help clients recover legal fees and court costs, reducing the financial burden of pursuing justice. In Berkeley Heights, we are dedicated to ensuring your rights are protected.
Contact Our Experienced New Jersey Family Leave Act Attorneys
Castronovo & McKinney, LLC specializes in handling NJFLA-related cases. If you are in Berkeley Heights, NJ, you can count on us for expert legal support. Contact us today to discuss your case.