The federal Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) are key laws protecting employees’ rights to take time off for medical or family reasons without losing their jobs. If your employer fails to uphold these rights, consulting an experienced FMLA attorney is essential.
Castronovo & McKinney, LLC provides legal support to individuals in Edgewater, NJ, who have been denied their rights under FMLA or NJFLA. These laws are crucial for new parents, individuals receiving medical treatment, or those caring for a family member with serious health issues. Our legal team is dedicated to helping you understand your rights and to taking action when necessary to protect them.
FMLA and NJFLA Protections in Edgewater, NJ
FMLA and NJFLA provide vital protections for employees needing leave for personal or family medical reasons. These laws ensure job security and continued health benefits during leave, though they do not require paid leave. FMLA allows up to 12 workweeks of leave in a 12-month period, while NJFLA provides the same amount of leave within 24 months.
To qualify for FMLA leave, you must have worked at least 12 months for your employer, have at least 1,250 work hours in the past year, and be employed at a site with 50 or more employees within a 75-mile radius. NJFLA requires 12 months of service and at least 1,000 hours worked in the previous year. NJFLA applies to employers with 50 or more employees worldwide.
Reasons for Taking Family Medical Leave
FMLA and NJFLA allow leave for several major life events, including:
- The birth and care of a newborn child
- Bonding with a newly adopted child
- 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
These provisions ensure job security during important personal and family events.
Key Differences Between FMLA and NJFLA
FMLA and NJFLA have notable differences. For example, FMLA does not provide leave to care for in-laws, siblings, or grandparents, while NJFLA permits leave for parents-in-law. It’s important to understand these distinctions when planning for family or medical leave.
Is Your Job or Benefits at Risk After Taking Family Leave?
To qualify for leave, the health condition must meet certain criteria, such as requiring inpatient care or causing incapacity for more than three consecutive days with ongoing treatment. Employers may request medical certification to confirm the need for leave but cannot ask for detailed medical records. Retaliation against employees for using their FMLA or NJFLA rights is illegal.
If you face threats to your job or benefits after taking family leave, our attorneys are ready to help. Your employer must maintain your job and continue your benefits during your leave. If your employer violates these rules, you may be entitled to compensation or job reinstatement.
Need Legal Help in Edgewater, NJ?
If you are experiencing issues with your FMLA or NJFLA rights, Castronovo & McKinney, LLC can help. Our experienced attorneys are dedicated to defending your rights and securing favorable outcomes in disputes over medical leave. We focus on resolving cases through negotiation but are prepared to litigate if necessary.
Contact us today for guidance on your family medical leave issues in Edgewater, NJ. We are committed to ensuring your rights are protected under both FMLA and NJFLA.