Castronovo & McKinney, LLC is dedicated to protecting employees’ rights in Brigantine, NJ, particularly concerning the New Jersey Family Leave Act (NJFLA). This law offers essential protections for individuals requiring time off for family-related matters, including caring for a seriously ill family member or bonding with a newborn. If you are experiencing challenges related to family leave, our experienced attorneys are here to help.
We have extensive knowledge of the NJFLA and are committed to holding employers accountable for any violations. During your consultation, you will connect directly with a knowledgeable family leave act attorney who will explain your rights and outline your legal options. For support on NJFLA matters in Brigantine, contact our office today.
Understanding Your Rights Under the New Jersey Family Leave Act
Under the NJFLA, employers with at least 50 employees globally must provide up to 12 weeks of leave every 24 months. During this leave, employers must maintain employee benefits, such as health insurance and paid time off, and ensure that the employee’s position or a comparable one is available upon their return.
To qualify for NJFLA leave, employees must have worked for their employer for at least 12 months and logged a minimum of 1,250 hours in the past year. The workplace must have 50 or more employees within a 75-mile radius.
Employees are required to provide 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 permissible. Employers may request medical certification to substantiate leave requests. Importantly, employers are prohibited from retaliating against employees who assert their rights under the NJFLA, with violations potentially resulting in legal consequences.
For legal assistance regarding NJFLA issues in Brigantine, Castronovo & McKinney, LLC is here to protect your rights and ensure your benefits and position remain secure.
Eligible Reasons for Family Leave
The NJFLA allows qualified employees to take leave for specific family-related reasons, including:
- 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. The term “family member” is broadly defined to include children, spouses, parents, parents-in-law, siblings, grandparents, grandchildren, domestic partners, blood relatives, and individuals with whom the employee has a familial bond.
- Assisting a family member during a state of emergency due to a communicable disease outbreak or school closures related to public health emergencies.
Note that the NJFLA does not cover leave for an employee’s own medical issues, distinguishing it from the federal Family Medical Leave Act (FMLA).
For guidance on NJFLA matters in Brigantine, Castronovo & McKinney, LLC specializes in navigating these complex regulations to uphold your rights.
Common Violations of the New Jersey Family Leave Act
Several employer actions can violate the NJFLA, such as:
- Denying a male employee leave to bond with a newborn.
- Demoting or reassigning female employees upon their return from family leave.
- Counting protected NJFLA leave negatively in performance evaluations.
- Confusing NJFLA leave with FMLA leave and improperly overlapping them.
Employees are entitled to use their FMLA leave before tapping into NJFLA leave. Employers failing to distinguish between the two are not compliant with the NJFLA.
For those in Brigantine facing these issues, consulting with a knowledgeable family leave attorney is vital to ensuring your rights are protected.
How Castronovo & McKinney Can Assist You
We effectively pursue legal action against employers who infringe on your rights. If you were wrongfully terminated for taking protected leave, you may be entitled to compensation for lost wages and benefits, as well as damages for emotional distress resulting from the termination.
In cases of severe employer misconduct, punitive damages may be applicable, aimed at penalizing the employer and deterring similar behavior in the future. Additionally, if successful, you may recover legal fees and court costs, alleviating the financial burden of seeking justice.
In Brigantine, we are committed to ensuring your rights are upheld and protected.
Contact Our Experienced New Jersey Family Leave Act Attorneys
Castronovo & McKinney, LLC specializes in addressing denials of protected leave under the NJFLA. As a client in Brigantine, you will receive dedicated representation from a seasoned family leave attorney focused on defending your rights. Contact us to learn how we can assist you.