Employees in Somers Point, NJ, have legal protections under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). If your employer denied your leave request, threatened your job, reduced your hours, or retaliated against you for taking protected leave, Castronovo & McKinney, LLC can help you understand your rights and pursue legal action when necessary.
The FMLA and NJFLA allow eligible employees to take protected leave for serious medical and family-related reasons without losing their jobs or employer-provided health benefits. These laws commonly apply to employees who need time off for pregnancy, childbirth, caring for a family member with a serious medical condition, recovering from their own health condition, or handling qualifying military family matters.
While these laws provide job protection, they generally do not require employers to provide paid leave. Under the FMLA, eligible employees may take up to 12 weeks of leave during a 12-month period. The NJFLA allows eligible employees to take up to 12 weeks of leave within a 24-month period.
To qualify for FMLA leave, employees must:
- Have worked for their employer for at least 12 months
- Have completed at least 1,250 hours of work during the previous 12 months
- Work at a location where the employer has at least 50 employees within a 75-mile radius
To qualify under the NJFLA, employees must:
- Have worked for the employer for at least 12 months
- Have completed at least 1,000 base hours during the prior 12 months
The NJFLA applies to employers with 50 or more employees worldwide.
Employees in Somers Point may qualify for protected leave for reasons including:
- The birth of a child and bonding time with a newborn
- Adoption or foster care placement
- Caring for a spouse, child, parent, or qualifying family member with a serious health condition
- Recovery from a serious personal medical condition
- Certain military family-related circumstances
The NJFLA provides broader family coverage in some situations than the FMLA. For example, New Jersey law may allow leave to care for a parent-in-law, while the FMLA does not extend coverage to in-laws, grandparents, or siblings.
A serious health condition may qualify for protected leave when it involves:
- Inpatient medical care or hospitalization
- A condition causing incapacity for more than three consecutive days with ongoing treatment
- Pregnancy or prenatal care
- Chronic health conditions requiring continuing care
- Long-term or permanent medical conditions
- Multiple medical treatments related to a serious condition
Employers may request medical certification supporting the need for leave, but they cannot demand complete medical records or retaliate against employees for exercising their legal rights.
If your employer denied your leave, failed to restore your position, terminated your employment, reduced your benefits, or retaliated against you after requesting leave, you may have grounds for a legal claim. Castronovo & McKinney, LLC represents employees in Somers Point facing violations of the FMLA and NJFLA, including wrongful termination, retaliation, interference with leave rights, and loss of benefits.
Our attorneys work to resolve employment disputes efficiently through negotiation when possible, but we are fully prepared to pursue litigation when employers refuse to comply with state or federal law. Depending on your case, you may be entitled to reinstatement, lost wages, compensation for damages, and other legal remedies.
If you are dealing with a family medical leave dispute in Somers Point, NJ, contact Castronovo & McKinney, LLC to discuss your situation and learn how we can help protect your rights in the workplace.