The federal Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) play critical roles in safeguarding employees’ job security and health benefits during periods of necessary leave, particularly in Hamilton Township. Should you encounter challenges with medical leave or find your employer failing to uphold your rights under these statutes, seeking guidance from a proficient FMLA attorney becomes imperative.
Castronovo & McKinney, LLC specializes in providing counsel to employees across New Jersey, with a focus on Hamilton Township, concerning their entitlements under FMLA and NJFLA. These legal protections hold particular significance for new parents in need of maternity or paternity leave, employees seeking medical treatment, or individuals requiring extended leave to care for a family member with serious health concerns.
Our legal team is committed to ensuring you comprehend your rights and stands ready to take necessary legal measures to protect your interests. Should you encounter uncertainties or obstacles pertaining to FMLA and NJFLA, do not hesitate to contact our Morristown or Manhattan offices for guidance.
How The FMLA and NJFLA Protect Employees in New Jersey
Exploring the Employee Safeguards Under FMLA and NJFLA in New Jersey FMLA and NJFLA serve as vital shields for employees necessitating leave due to personal or family health exigencies in Hamilton Township and beyond. These legislations assure job stability and healthcare coverage during periods of leave, albeit without guaranteeing paid leave. FMLA allows for up to 12 workweeks of leave within a 12-month period, while NJFLA extends up to 12 workweeks of leave within a 24-month period.
Eligibility for FMLA leave necessitates employees to have completed a minimum of 12 months with their employer, worked at least 1,250 hours over the past year, and be stationed at a site with 50 or more employees within a 75-mile radius. Conversely, NJFLA eligibility demands employees to have served for at least 12 months with their employer and accrued a minimum of 1,000 base hours in the preceding year. NJFLA applies to employers with 50 or more employees worldwide.
Permitted Reasons for Family Medical Leave
Authorized Grounds for Family Medical Leave Under the provisions of the Family Medical Leave Act, Hamilton Township employees possess the right to take leave for various significant life events, including:
- The birth and subsequent care of a newborn child.
- Bonding with a child upon adoption.
- Providing care for a spouse, child, or parent facing a serious health condition.
- Addressing their own serious health condition.
- Responding to situations linked to a family member’s military service.
These FMLA provisions are crafted to lend support to employees during pivotal family and personal moments, ensuring their job security while attending to these essential responsibilities.
Other Considerations
Additional Considerations It is imperative to grasp the distinctions and limitations of the Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). While FMLA does not permit leave to care for in-laws, siblings, or grandparents, NJFLA allows employees to take leave for the care of a mother-in-law or father-in-law.
To qualify for leave under either FMLA or NJFLA, the health condition in question must meet specific criteria, such as:
- Requiring inpatient care from a healthcare provider.
- Resulting in incapacity for more than three consecutive days with ongoing treatment.
- Being pregnancy-related or prenatal care.
- Stemming from a chronic health condition.
- Being a long-term or terminal health condition.
- Necessitating an absence of more than three days for multiple treatments that would otherwise lead to prolonged incapacity if left untreated.
Employers may request medical certification to substantiate a serious health condition for FMLA leave, but they are prohibited from soliciting detailed medical records. Moreover, it is unlawful for employers to retaliate against employees seeking leave under FMLA or NJFLA.
Were Your Benefits and/or Job Threatened by your Family Leave?
Has Your Leave Resulted in Threats to Your Benefits or Job? If you find yourself embroiled in a dispute regarding your medical leave rights or experiencing unfair treatment, our adept family medical leave attorneys are poised to offer assistance. It is essential to recognize that during your leave, your employer is obligated to maintain your job position and continue your medical benefits.
Should issues arise subsequent to legally sanctioned family leave, such as job or benefits jeopardy, you may have grounds for lodging a claim against your employer, potentially resulting in job restoration, compensation, or both. Our team possesses comprehensive familiarity with both FMLA and NJFLA and will devise the most efficacious course of action for your circumstances.
While our aim is to resolve most employment disputes through negotiation, we stand fully prepared to pursue legal recourse when necessary. Rest assured, we will vigorously safeguard your employment rights, whether through negotiation or litigation.
Contact Our Experienced New Jersey Family Medical Leave Act Attorneys
Contact Our Accomplished New Jersey Family Medical Leave Act Attorneys If you confront challenges pertaining to family medical leave in Hamilton Township, encompassing denial of leave or jeopardized job status or benefits due to leave-taking, our seasoned legal team at Castronovo & McKinney, LLC stands ready to assist you in securing the redress you rightfully merit. We boast a robust track record of successfully adjudicating disputes associated with the Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), ensuring that your rights are staunchly defended.
Do not hesitate to reach out to us for guidance regarding your family medical leave concerns. Our pledge is to safeguard your rights and attain favorable outcomes for your case. Initiate contact with us today to embark on the journey toward resolution. We take pride in representing clients across New Jersey, including those in Hamilton Township, in their FMLA and NJFLA claims.