New Jersey Family Leave Act – Wrongful Discharge

Have you been wrongfully terminated under the New Jersey Family Leave Act?

In order to succeed on a cause of action under the New Jersey Family Leave Act alleging an adverse employment action, you must prove: (1) you were employed by the company; (2) you were performing your job satisfactorily; (3) a qualifying member of your family was seriously injured ; (4) you took or sought to take leave from your employment to care for your injured relative; and (5) you suffered an adverse employment action as a result.

A qualifying “family member” is defined as a child, parent, spouse, or partner in a civil union couple. Moreover, the injured family member must be (1) in inpatient care in a hospital, hospice, or residential medical care facility; or (2) undergoing continuing medical treatment or continuing supervision by a health care provider. Notably, a qualifying family member does not include a sibling. Similarly, the Federal Family Medical Leave Act (FMLA), also excludes siblings, allowing employees to take leave only to care for a son or daughter, spouse, parent or service member who is the employee’s next of kin.

For more information or to get additional help contact Castronovo & McKinney,  New Jersey Family Leave Act Attorneys at 973-920-7888 or fill out our free case evaluation form to get immediate help.