Castronovo & McKinney, LLC offers expert legal representation to individuals facing employment discrimination in Norwood, NJ. Our firm specializes in employee rights, particularly those related to the New Jersey Family Leave Act (NJFLA).
The NJFLA protects employees who need time off for family-related reasons, such as caring for a seriously ill family member or bonding with a newborn. If your family leave has been denied or mishandled, our attorneys can help you understand your rights and secure the benefits you deserve.
Understanding Your Rights Under the NJFLA
The NJFLA requires employers with 50 or more employees to provide up to 12 weeks of family leave every 24 months. During this time, employers must maintain your benefits, including health insurance, and ensure that you can return to your job or a similar position.
To qualify for NJFLA leave, employees must have worked for their employer for at least 12 months and logged 1,250 hours in the previous year. Additionally, the employer’s worksite must have 50 or more employees within a 75-mile radius. The notice requirements are as follows:
- 30 days’ notice for childbirth or adoption
- 15 days’ notice for immediate family member care
- Emergency situations allow for shorter notice
Employers may require medical certification, but they cannot retaliate against you for exercising your rights. Violations of the NJFLA can result in legal action.
Eligible Reasons for Family Leave
The NJFLA allows leave for specific family-related situations, such as:
- Bonding with a newborn, adopted, or foster child within one year of birth or placement
- Caring for a family member with a serious health condition, including children, spouses, parents, siblings, grandparents, grandchildren, domestic partners, and others with whom you have a close relationship
- Assisting a family member during a public health emergency or when a child’s school is closed due to such emergencies
Note that the NJFLA does not cover leave for your own medical condition, which is protected by the federal Family Medical Leave Act (FMLA).
Common Violations of the NJFLA
Violations can include actions such as denying a male employee leave to bond with a newborn or demoting female employees upon their return from family leave. Employers may also violate the law by counting protected leave against performance evaluations or confusing NJFLA leave with FMLA leave. Employees have the right to use FMLA leave before accessing NJFLA leave.
If you are facing any of these issues in Norwood, it’s crucial to seek legal help to protect your rights under the NJFLA.
How Castronovo & McKinney Can Assist You
Our attorneys are committed to holding employers accountable for violating employee rights. If you were wrongfully terminated after taking protected leave, you could be entitled to compensation for lost wages, benefits, and emotional distress. In some cases, punitive damages may apply to prevent similar actions by other employers. Successful claims may also result in the employer covering your legal fees and court costs.
Contact Our Experienced NJ Family Leave Act Attorney
If you are in Norwood and facing issues with family leave under the NJFLA, contact Castronovo & McKinney, LLC. Our team is ready to provide the legal assistance you need to enforce your rights and secure the benefits you deserve.