The New Jersey Family Leave Act (NJFLA) protects employees in Edgewater, NJ who need time off for family obligations, like caring for a seriously ill family member or bonding with a newborn. If you’re facing challenges securing family leave, Castronovo & McKinney, LLC provides focused legal assistance.
Our firm specializes in employee rights across New Jersey, with extensive knowledge of NJFLA regulations. We work to hold employers accountable for violations of the NJFLA. When you schedule a consultation, you’ll work directly with a seasoned attorney who will explain your rights and guide you through available legal options. For expert legal counsel on NJFLA matters in Edgewater, NJ, contact us today.
Understanding Your Entitlements Under the New Jersey Family Leave Act
The NJFLA requires companies with at least 50 employees to provide up to 12 weeks of leave within a 24-month period. During this leave, employers must maintain employee benefits, including health insurance, and ensure the employee’s job or a similar position is available upon their return.
Eligibility for NJFLA leave includes:
- Completion of at least 12 months of employment with the company
- A minimum of 1,250 hours worked in the previous year
- 50 or more employees within a 75-mile radius of your worksite
Employees must give proper notice for leave requests:
- 30 days’ notice for childbirth or adoption
- 15 days’ notice for caring for a family member
In urgent situations, notice periods can be shorter. Employers may also request medical certification to verify leave reasons. Retaliation against employees for using NJFLA leave is strictly prohibited and carries legal consequences.
Qualifying Grounds for Family Leave
Eligible employees can take NJFLA leave for the following reasons:
- Bonding with a newborn, adopted, or foster child within one year of the child’s birth or placement
- Caring for a family member with a serious health condition or who requires ongoing medical care
- Assisting a family member during a state of emergency related to a communicable disease, or when a child’s school is closed for public health reasons
The definition of “family member” includes children, spouses, parents, in-laws, siblings, grandparents, grandchildren, domestic partners, and those who share a familial relationship with the employee.
Unlike the federal Family and Medical Leave Act (FMLA), the NJFLA does not cover leave for an employee’s personal health condition.
Common NJFLA Violations
Employers can violate the NJFLA in several ways, including:
- Denying male employees leave for bonding with a newborn
- Retaliating against female employees after they return from family leave by demoting or reassiging them
- Using NJFLA leave negatively in performance evaluations
- Confusing NJFLA leave with FMLA leave, resulting in improper handling of both leave types
Given the complexity of these issues, having an experienced attorney in Edgewater, NJ, is essential for protecting your rights under the NJFLA.
How Castronovo & McKinney Can Help
If your employer has wrongfully denied your NJFLA leave or retaliated against you, you may be entitled to compensation, including lost wages, benefits, and emotional distress damages. In cases of severe misconduct, punitive damages may be awarded to both penalize and deter similar employer actions.
Additionally, if you win your case, the employer may be required to cover your legal fees and court costs. For employees in Edgewater, NJ dealing with these issues, we are committed to protecting your rights under the NJFLA.
Contact Our Experienced New Jersey Family Leave Act Attorney
At Castronovo & McKinney, LLC, we specialize in helping employees navigate NJFLA violations. If you’re in Edgewater, NJ, and need legal assistance, our experienced attorneys are ready to provide support. Contact us today to learn how we can assist you with your specific legal needs.