Castronovo & McKinney, LLC provides expert legal services to employees who face discrimination related to medical leave rights under the Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) in Folsom, NJ. If you’re dealing with an employer that is not upholding your rights under these laws, our skilled FMLA attorneys can help protect your job and benefits during necessary leave periods.
The FMLA and NJFLA are essential in ensuring job protection and healthcare coverage for employees needing leave for personal or family health matters. These laws are particularly important for new parents on maternity or paternity leave, individuals seeking medical treatment, and those needing extended leave to care for a sick family member.
At Castronovo & McKinney, LLC, we provide clear guidance and legal support to ensure you understand your rights and take appropriate action to safeguard your interests. If you’re facing challenges with medical leave in Folsom, NJ, don’t hesitate to contact us for legal assistance.
How the FMLA and NJFLA Protect Employees in New Jersey
The FMLA and NJFLA serve as vital protections for employees in Folsom, NJ, requiring job stability and healthcare coverage during leave. These protections do not include paid leave but provide up to 12 weeks of unpaid leave within a 12-month period (FMLA) or a 24-month period (NJFLA).
To qualify for FMLA leave, employees must have worked for at least 12 months, 1,250 hours in the last year, and be at a site with 50 or more employees within 75 miles. NJFLA eligibility requires 12 months of service and 1,000 base hours in the previous year and applies to employers with 50 or more employees globally.
Permitted Reasons for Family Medical Leave
Under the FMLA, employees in Folsom, NJ can take leave for:
- 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.
- Addressing their own serious health condition.
- Situations related to a family member’s military service.
These provisions ensure employees can manage critical personal and family needs without fearing job loss.
Other Key Considerations
While the FMLA and NJFLA provide essential protections, there are important distinctions. For example, FMLA does not cover leave for in-laws, siblings, or grandparents, but NJFLA allows employees to take leave to care for in-laws.
Additionally, leave is only available when the health condition meets certain criteria, including:
- Inpatient care or ongoing treatment from a healthcare provider.
- Incapacity lasting more than three consecutive days with ongoing treatment.
- Pregnancy-related conditions or prenatal care.
- Chronic or long-term health conditions.
Employers may require medical certification for FMLA leave, but they cannot request detailed medical records. Importantly, retaliation against employees taking leave is unlawful under both FMLA and NJFLA.
Has Your Employer Threatened Your Job or Benefits During Family Leave?
If your employer has threatened your job or benefits after you’ve taken legally protected leave, you may have grounds for legal action. Employers are required to maintain your job position and continue your benefits during FMLA or NJFLA leave. If you face retaliation or unfair treatment, our legal team is ready to help you take action, potentially leading to job reinstatement or compensation.
While we aim to resolve disputes through negotiation, we are fully prepared to take legal action when necessary. Our goal is to ensure that your rights are protected and your case is resolved effectively.
Contact Our Experienced FMLA and NJFLA Attorneys in Folsom, NJ
If you’re dealing with an FMLA or NJFLA issue in Folsom, NJ, such as denied leave or employer retaliation, our team at Castronovo & McKinney, LLC is here to help. With a proven track record in handling FMLA and NJFLA disputes, we are committed to defending your rights and securing a favorable outcome for your case.
Contact us today to discuss your situation with an experienced attorney. We’re dedicated to fighting for your rights and ensuring that you get the results you deserve.