The New Jersey Family Leave Act (NJFLA) offers strong protections for employees needing time off for family-related reasons, such as caring for a seriously ill family member or bonding with a newborn. If you’re facing challenges accessing family leave, Castronovo & McKinney, LLC is here to help.
Our firm specializes in employee rights across New Jersey, with extensive experience in the NJFLA. We work to hold employers accountable for any violations of this law. When you consult with us, you’ll work directly with an experienced NJFLA attorney who will explain your rights and guide you through your legal options. For assistance with NJFLA matters in Estell Manor, contact us today.
Know Your Rights Under the New Jersey Family Leave Act
Under New Jersey law, employers with 50 or more employees must provide up to 12 weeks of leave every 24 months. During this time, employees maintain their benefits, such as health insurance and paid time off, and their position—or an equivalent one—must be available when they return.
To qualify for leave under the NJFLA, employees must have worked at least 12 months for the employer and clocked at least 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 notice of leave requests as follows:
- 30 days for childbirth or adoption
- 15 days for caring for an immediate family member
Exceptions allow for shorter notice in emergencies. Employers may request medical certification to verify leave requests. Importantly, employers cannot retaliate against employees for exercising their NJFLA rights. Violations may lead to legal action.
If you are experiencing issues related to the NJFLA in Estell Manor, Castronovo & McKinney, LLC can help you protect your rights and benefits under this important law.
Qualifying Reasons for Family Leave
The NJFLA allows employees to take leave for specific family-related situations, such as:
- Welcoming a newborn, adopted, or foster child within one year of birth or placement.
- Caring for a family member with a serious health condition or requiring ongoing medical care. This includes a broad definition of “family member,” including children, spouses, parents, siblings, grandparents, domestic partners, and individuals with whom the employee shares a family-like bond.
- Assisting a family member during a public health emergency, including situations where a child’s school is closed due to a communicable disease outbreak.
Note that the NJFLA does not cover leave for an employee’s own medical condition—this is a key distinction from the federal Family Medical Leave Act (FMLA).
For guidance on NJFLA issues in Estell Manor, Castronovo & McKinney, LLC specializes in helping clients navigate these regulations and ensure their rights are upheld.
Common Violations of the New Jersey Family Leave Act
Several employer actions can violate the NJFLA, such as:
- Denial of leave for a male employee to bond with a newborn.
- Retaliation, such as demotion or reassignment, after an employee returns from family leave.
- Using NJFLA leave against employees in performance evaluations.
- Incorrectly overlapping NJFLA and FMLA leave. Employees are entitled to use their FMLA leave before applying for NJFLA leave, and employers must respect this distinction.
Given the complexity of these laws, having a skilled attorney is essential to protect your rights. If you’re facing issues with your employer in Estell Manor, Castronovo & McKinney, LLC can help ensure your NJFLA rights are fully enforced.
How Castronovo & McKinney Can Help
Our legal expertise enables us to take action against employers who violate your rights. If you were wrongfully terminated for taking protected leave, you may be entitled to compensation, including lost wages and benefits, as well as damages for emotional distress.
In cases of severe employer misconduct, punitive damages may also be awarded. These damages serve to penalize the employer and deter future violations. Additionally, if your case is successful, you may have your legal fees and court costs covered by your employer, ensuring you’re not burdened with financial costs in seeking justice.
If you’re dealing with NJFLA issues in Estell Manor, Castronovo & McKinney, LLC is committed to protecting your rights and securing the best possible outcome for your case.
Contact Our Experienced New Jersey Family Leave Act Attorney
Castronovo & McKinney, LLC is dedicated to helping individuals navigate denials of protected leave under the NJFLA. In Estell Manor, our experienced family leave attorneys are ready to provide expert legal representation. Contact us today to learn how we can assist you in your specific situation.