The law firm of Castronovo & McKinney, LLC is dedicated to helping employees in Estell Manor who have faced discrimination in the workplace. We specialize in FMLA and NJFLA legal matters, advising individuals about their rights and taking legal action when necessary.
If your employer has violated your rights under the Family Medical Leave Act (FMLA) or the New Jersey Family Leave Act (NJFLA), it’s essential to consult an experienced attorney. These laws are designed to protect employees needing time off for medical or family reasons, but enforcement is often a challenge.
How the FMLA and NJFLA Protect Employees in Estell Manor
The FMLA and NJFLA are essential laws for employees needing leave for medical or family reasons. While neither mandates paid leave, both ensure job security and continuation of health benefits during your leave. The FMLA provides 12 weeks of leave within a 12-month period, and the NJFLA offers the same duration but in a 24-month period.
To be eligible for FMLA, employees must have worked for at least 12 months, logged 1,250 hours over the previous year, and be employed by a company with at least 50 employees within a 75-mile radius. For NJFLA, eligibility requires 12 months of employment and 1,000 base hours worked. Employers must also have at least 50 employees worldwide.
What You Can Take Family Medical Leave For
The FMLA allows employees to take leave for several key life events, including:
- The birth and care of a newborn child.
- Bonding with an 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 that employees can attend to personal or family health matters without fear of losing their jobs.
Important Considerations
Understanding the nuances between the FMLA and NJFLA is critical. The FMLA does not permit leave to care for in-laws, siblings, or grandparents, but the NJFLA does allow leave for a mother-in-law or father-in-law.
Additionally, to qualify for leave under either law, the health condition must meet certain criteria, such as:
- Inpatient care from a healthcare professional.
- Incapacity for more than three consecutive days with ongoing treatment.
- Pregnancy or prenatal care-related issues.
- Chronic conditions or long-term health issues requiring ongoing care.
- Absence for more than three days due to treatment for a serious health condition.
Employers are allowed to request medical certification but cannot demand access to detailed medical records. They are also prohibited from retaliating against employees who request leave under the FMLA or NJFLA.
Facing Threats to Your Job or Benefits?
If you have been denied medical leave or your job or benefits have been threatened after taking leave, you may have a legal case. Employers must maintain your job and continue your benefits during your leave. If you believe your rights have been violated, our attorneys are ready to assist you in filing a claim for reinstatement or compensation.
While we aim to resolve most disputes through negotiation, we are fully prepared to take legal action if necessary to protect your rights.
Contact Our Estell Manor Family Medical Leave Attorneys
If you’re facing challenges with family medical leave in Estell Manor, our legal team at Castronovo & McKinney, LLC is here to help. We have extensive experience resolving FMLA and NJFLA disputes and are committed to securing the compensation you deserve. Contact us today to schedule a consultation.
Our attorneys proudly represent clients throughout New Jersey, including Estell Manor, and will vigorously protect your rights.