Family and Medical Leave Rights in Linwood, NJ
The federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) protect employees who need time off for medical or family reasons. These laws give eligible workers the right to take leave without losing their job or health benefits. When employers fail to comply, legal action may be necessary.
Castronovo & McKinney, LLC represents employees in Linwood, NJ who have been denied their rights under FMLA or NJFLA. Whether you are welcoming a new child, undergoing medical treatment, or caring for a loved one with a serious health condition, our attorneys are prepared to enforce these protections on your behalf.
FMLA and NJFLA Protections
Both laws guarantee unpaid leave with job protection, but eligibility requirements differ:
- FMLA: Up to 12 weeks of leave within a 12-month period. To qualify, employees must have:
- Worked at least 12 months with the employer
- At least 1,250 hours worked in the past year
- An employer with 50 or more employees within 75 miles
- NJFLA: Up to 12 weeks of leave within a 24-month period. To qualify, employees must have:
- 12 months of service
- At least 1,000 hours worked in the past year
- An employer with 50 or more employees worldwide
Both laws ensure continued health coverage during leave.
When Leave Is Allowed
Employees may use leave under FMLA or NJFLA for:
- Childbirth, adoption, or bonding with a new child
- Caring for a spouse, child, or parent with a serious health condition
- Managing one’s own serious health condition
- Addressing certain family military service needs
NJFLA goes further than FMLA by covering care for in-laws. Understanding these differences is important when planning leave.
Employer Obligations
Employers may request medical certification to support the leave request but cannot demand full medical records. It is illegal for an employer to retaliate against an employee for taking protected leave. During the leave period, the employer must:
- Maintain the employee’s job or provide an equivalent role upon return
- Continue health benefits at the same level
If these obligations are not met, employees may be entitled to reinstatement, compensation, or other remedies.
Legal Support in Linwood, NJ
If you believe your FMLA or NJFLA rights have been violated, Castronovo & McKinney, LLC can help. Our attorneys work to resolve disputes through negotiation but are ready to pursue litigation if necessary. We focus on protecting employees from unlawful denials of leave, threats to their jobs, or benefit loss.
Contact Castronovo & McKinney, LLC for legal guidance on family and medical leave issues in Linwood, NJ. We are committed to ensuring your rights are protected under both FMLA and NJFLA.