Galloway Township FMLA Lawyers

Galloway Township Family Medical Leave Act

The Federal Family Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA)

The federal Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) protect your job during necessary family or medical leave. If you’re facing issues with medical leave or your employer is not respecting your rights under these laws, seek advice from a knowledgeable FMLA attorney.

Understanding Your Rights

Castronovo & McKinney, LLC advises employees throughout New Jersey, including Galloway Township, on their rights under FMLA and NJFLA. These laws are crucial for new parents needing maternity or paternity leave, employees requiring medical treatment, or those needing extended leave to care for a family member with serious health conditions.

Legal Action to Safeguard Your Interests

Our attorneys help you understand your rights and are prepared to take legal action to protect your interests. If you have concerns or face challenges regarding FMLA and NJFLA, reach out to our offices for assistance.

FMLA and NJFLA Protections

The FMLA and NJFLA are essential for employees needing leave for personal or family health reasons. These laws ensure job security and health benefits during leave, though they do not mandate paid leave. The FMLA allows for 12 workweeks of leave in a 12-month period, while the NJFLA provides up to 12 workweeks of leave in a 24-month period.

Eligibility Requirements

Eligibility for FMLA leave requires:

  • Employment for at least 12 months.
  • A minimum of 1,250 hours worked over the past 12 months.
  • Employment at a location with 50 or more employees within a 75-mile radius.

For NJFLA leave:

  • Employment for at least 12 months.
  • At least 1,000 base hours worked in the preceding 12-month period.
  • Applicable to employers with 50 or more employees globally.

Permitted Reasons for Family Medical Leave

Under the FMLA, employees in Galloway Township can take leave for:

  • 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 their own serious health condition.
  • Addressing situations related to a family member’s military service.

These provisions support employees during pivotal family and personal moments, ensuring job security while they attend to crucial responsibilities.

Key Considerations

Understanding the differences and limitations of the FMLA and NJFLA is crucial. The FMLA does not permit leave to care for in-laws, siblings, or grandparents, while the NJFLA does allow leave to care for a mother-in-law or father-in-law.

Health Condition Criteria

To qualify for leave under FMLA or NJFLA, the health condition must:

  • Require inpatient care from a health professional.
  • Cause incapacity for more than three consecutive days with ongoing treatment.
  • Be related to pregnancy or prenatal care.
  • Stem from a chronic health condition.
  • Be a long-term or terminal health condition.
  • Require multiple treatments that would otherwise lead to prolonged incapacity if untreated.

Employers can request medical certification for FMLA leave but cannot ask for detailed medical records. Retaliation against employees who request leave under FMLA or NJFLA is illegal.

Addressing Employer Retaliation

If you’re facing a dispute over your medical leave rights or unfair treatment, our skilled family medical leave attorneys can assist. During your leave, your employer must maintain your job position and continue your medical benefits.

Taking Legal Action

If you encounter issues after taking legally allowed family leave, such as threats to your job or benefits, you might have grounds for a claim against your employer. This could lead to job reinstatement, compensation, or both. Our team has extensive knowledge of both the FMLA and NJFLA and will strategize the most effective course of action for your case.

Contact Our Experienced New Jersey Family Medical Leave Act Attorneys

If you’re facing challenges with family medical leave in Galloway Township, including denial of leave or loss of job or benefits due to taking leave, Castronovo & McKinney, LLC can help secure the compensation you deserve. We have a strong history of resolving disputes related to the FMLA and NJFLA, ensuring your rights are defended. Contact us today for assistance with your family medical leave concerns.