Castronovo & McKinney, LLC provides legal services for individuals in Brigantine, NJ, who have faced discrimination from their employers. Understanding your rights under the federal Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) is crucial if you’re encountering issues related to medical leave.
The FMLA and NJFLA protect employees’ jobs during necessary family or medical leave. These laws are especially important for new parents needing maternity or paternity leave, employees undergoing medical treatment, or those caring for a family member with a serious health condition. If you have concerns regarding your rights under these laws, our attorneys are ready to help.
Employee Protections Under FMLA and NJFLA
Both the FMLA and NJFLA ensure job security during leave for personal or family health reasons. While they provide essential protections, it’s important to note that these laws do not require paid leave. The FMLA allows for 12 weeks of leave in a 12-month period, while the NJFLA permits up to 12 weeks in a 24-month period.
To qualify for FMLA leave, you must have worked for your employer for at least 12 months and logged a minimum of 1,250 hours in the past year at a location with 50 or more employees within a 75-mile radius. For NJFLA leave, you need to have worked for at least 12 months and accrued 1,000 base hours in the previous year. The NJFLA applies to employers with 50 or more employees globally.
Valid Reasons for Family Medical Leave
Employees in Brigantine are entitled to take leave for significant life events, 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 their own serious health condition.
- Dealing with family-related military service situations.
These provisions are designed to protect employees during crucial personal and family moments, ensuring job security while they fulfill these responsibilities.
Key Considerations
Understanding the nuances of the FMLA and NJFLA is vital. Notably, the FMLA does not permit leave for in-laws, siblings, or grandparents, whereas the NJFLA allows leave for mother-in-law and father-in-law care.
To qualify for leave, the health condition must meet specific criteria, such as:
- Requiring inpatient care from a healthcare provider.
- Causing incapacity for more than three consecutive days with ongoing treatment.
- Relating to pregnancy or prenatal care.
- Stemming from a chronic health condition.
- Being a long-term or terminal condition.
- Involving an absence of over three days for multiple treatments.
Employers may request medical certification to verify a serious health condition but cannot demand detailed medical records. It’s also illegal for employers to retaliate against employees for requesting leave under the FMLA or NJFLA.
Facing Job Threats During Family Leave?
If you encounter disputes over your medical leave rights or face unfair treatment, our experienced family medical leave attorneys can help. During your leave, your employer must maintain your job position and continue your medical benefits. If you experience threats to your job or benefits after taking family leave, you may have grounds for a claim against your employer, potentially leading to job reinstatement and compensation.
We strive to resolve most employment disputes through negotiation, but we are prepared to take legal action if necessary. Trust us to protect your employment rights, whether through negotiation or litigation.
Contact Our Family Medical Leave Attorneys
If you’re facing challenges with family medical leave in Brigantine, such as denial of leave or loss of job or benefits, Castronovo & McKinney, LLC can help you secure the compensation you deserve. Our legal team has a strong track record of successfully handling disputes related to the FMLA and NJFLA, ensuring your rights are upheld.
Reach out to us for assistance with your family medical leave concerns. We are committed to protecting your rights and achieving favorable outcomes for your case. Contact us today to get started.