Castronovo & McKinney, LLC represents employees in Buena Vista Township, NJ, who are facing violations of their rights under the Family Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA). If your employer has denied your leave, failed to maintain your job or benefits, or retaliated against you for taking leave, our attorneys are prepared to take legal action.
FMLA and NJFLA Protections
These laws ensure job security and continued health benefits during family or medical leave. However, they do not require employers to provide paid leave. Under the FMLA, eligible employees can take up to 12 weeks of leave within a 12-month period, while the NJFLA allows up to 12 weeks within a 24-month period.
Eligibility Requirements
To qualify for FMLA leave, you must:
- Have worked for your employer for at least 12 months
- Have worked at least 1,250 hours in the past 12 months
- Be employed at a location with at least 50 employees within a 75-mile radius
To qualify for NJFLA leave, you must:
- Have worked for your employer for at least 12 months
- Have worked at least 1,000 hours in the past 12 months
- Work for an employer with 50 or more employees worldwide
Qualifying Reasons for Leave
Both laws allow leave for:
- Birth or adoption of a child
- Bonding with a newborn
- Caring for a spouse, child, or parent with a serious health condition
- Managing your own serious health condition
- Addressing issues related to a family member’s military service
Key Differences Between FMLA and NJFLA
A critical distinction is that NJFLA covers leave to care for in-laws, while FMLA does not.
Serious Health Condition Criteria
To qualify, a health condition must:
- Require inpatient care
- Cause incapacity for more than three days with ongoing treatment
- Be related to pregnancy or prenatal care
- Be a chronic, long-term, or terminal condition
- Require multiple treatments that would lead to incapacity if untreated
Employers may request medical certification but cannot demand full medical records.
Employer Retaliation and Legal Action
Employers cannot fire, demote, or retaliate against employees for taking leave under FMLA or NJFLA. If you have faced retaliation, job loss, or denial of benefits, our attorneys can help you seek compensation or job reinstatement.
Contact Us
If you are in Buena Vista Township, NJ, and your employer has violated your FMLA or NJFLA rights, Castronovo & McKinney, LLC can assist you. Contact us today to protect your rights and explore your legal options.