New Jersey Family Leave Act – Wrongful Discharge

By Thomas McKinney

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.


About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.