Hamilton Township Family Leave Act Lawyer

Hamilton Township Family Leave Act

In Hamilton Township, the New Jersey Family Leave Act (NJFLA) offers substantial safeguards for employees requiring time off due to family-related obligations such as caring for a seriously ill family member or bonding with a newborn. Should you encounter difficulties in securing family leave, Castronovo & McKinney, LLC stands ready to provide assistance.

Our legal practice specializes in protecting employee rights across New Jersey, with a profound grasp of the NJFLA’s intricacies. Our mission is to hold employers accountable for any breaches of this legislation. During your consultation with us, you’ll interact directly with a seasoned attorney well-versed in family leave matters. They will educate you on your entitlements and explore the legal avenues at your disposal. For expert guidance and support regarding NJFLA issues in Hamilton Township, we encourage you to contact our office promptly.

Know Your Rights Under The New Jersey Family Leave Act

Understanding Your Rights Under the New Jersey Family Leave Act In compliance with New Jersey statutes, companies with a minimum of 50 employees globally must furnish up to 12 weeks of leave within a 24-month period. Throughout this duration, employers are obligated to sustain the employee’s benefits, encompassing health insurance and paid time off, and guarantee the availability of their position or a commensurate one upon reinstatement.

To qualify for leave under the NJFLA, employees must have completed a minimum of 12 months of service with their employer and accumulated at least 1,250 hours of work over the preceding year. The workplace must house 50 or more employees within a 75-mile radius.

Employees are required to furnish advance notice for leave requests:

  • 30 days in advance for childbirth or adoption
  • 15 days in advance for the care of an immediate family member

Exceptions for emergency scenarios permit shorter notice periods. Employers may request medical certification to substantiate leave applications. Significantly, employers are prohibited from retaliating against employees exercising their rights under the NJFLA. Violations can incur legal repercussions.

For legal counsel concerning NJFLA matters in Hamilton Township, enlist the services of Castronovo & McKinney, LLC. We specialize in safeguarding employee rights under this legislation and will endeavor to preserve your benefits and position.

Qualifying Reasons For Family Leave

Eligible Reasons for Family Leave The NJFLA extends eligible employees the opportunity to take leave for specific family-related reasons. These include:

  • 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 attention. The definition of ‘family member’ is comprehensive, encompassing children, spouses, parents, parents-in-law, siblings, grandparents, grandchildren, domestic partners, blood relatives, and individuals with whom the employee shares a familial bond.
  • Assisting a family member during a state of emergency arising from an epidemic of a communicable disease, exposure to such a disease, or efforts to prevent its spread. This provision also applies to situations where a child’s school is closed due to public health emergencies.

It is imperative to note that the NJFLA does not cover leave for an employee’s own medical condition, a fundamental departure from the federal Family Medical Leave Act (FMLA).

For legal assistance regarding NJFLA issues in Hamilton Township, Castronovo & McKinney, LLC specializes in guiding clients through the intricacies of these regulations to ensure the preservation of their rights.

Common Violations of the New Jersey Family Leave Act 

Common Violations of the New Jersey Family Leave Act Several employer actions under the NJFLA can constitute violations. For instance, denying a male employee the opportunity to take leave for bonding with a newborn contravenes the NJFLA. Similarly, demoting or reassigning female employees upon their return from family leave constitutes retaliation and violates this legislation.

Another prevalent violation occurs when employers factor an employee’s protected leave under the NJFLA negatively in performance evaluations. Additionally, some employers erroneously overlap the leave provided under the federal Family Medical Leave Act (FMLA) with NJFLA leave. It is crucial to recognize that employees are entitled to utilize their FMLA leave before availing themselves of NJFLA leave. Employers who fail to differentiate between these two and run them concurrently are not in compliance with the NJFLA.

Navigating these intricate legal nuances necessitates the expertise of an experienced New Jersey family leave attorney. For individuals in Hamilton Township grappling with such issues, seeking legal guidance is pivotal to safeguarding their rights under the NJFLA.

How Castronovo & McKinney Can Help

How Castronovo & McKinney Can Provide Assistance Our legal acumen empowers us to effectively pursue legal recourse against employers who infringe upon your rights. If your employer unlawfully terminated you for taking protected leave, you may be entitled to various forms of compensation. This encompasses the recovery of lost wages and benefits, along with damages for the emotional distress endured as a result of the termination.

Furthermore, in cases of particularly egregious employer misconduct, punitive damages may be awarded. These sanctions not only penalize the employer for their illicit actions but also serve as a deterrent to other businesses engaging in similar behavior.

Moreover, if successful, you may be eligible to have your legal fees and court costs covered by the employer. This provision ensures that seeking justice does not impose financial strain upon you. For individuals in Hamilton Township embroiled in such disputes, we are committed to safeguarding your rights comprehensively.

Contact Our Experienced New Jersey Family Leave Act Attorney

Contact Our Accomplished New Jersey Family Leave Act Attorney At Castronovo & McKinney, LLC, we specialize in addressing denials of protected leave under the NJFLA. As our client in Hamilton Township, you’ll benefit from being represented by a seasoned family leave attorney dedicated to upholding your rights. Reach out to us to explore how we can aid in your unique circumstances.