Employees in Somers Point, NJ, are protected under the New Jersey Family Leave Act (NJFLA), which allows eligible workers to take job-protected leave for certain family-related situations. Castronovo & McKinney, LLC represents employees dealing with denied leave requests, retaliation, wrongful termination, and other violations connected to family leave rights.
If your employer refused protected leave, threatened your job, reduced your hours, or retaliated against you for requesting time off under the NJFLA, our attorneys can help you understand your legal options and pursue compensation when appropriate.
Understanding the New Jersey Family Leave Act
The NJFLA requires covered employers to provide eligible employees with up to 12 weeks of family leave during a 24-month period. While on approved leave, employees are entitled to continued group health benefits and must be reinstated to the same position or a comparable role when they return.
To qualify for NJFLA protections, employees generally must:
- Have worked for their employer for at least 12 months
- Have completed at least 1,250 hours during the previous 12 months
- Work for an employer with at least 50 employees worldwide
Employees are typically required to provide advance notice before taking leave:
- 30 days’ notice for childbirth, adoption, or foster placement
- 15 days’ notice when caring for a family member with a serious medical condition
Shorter notice may be acceptable in emergencies or unexpected circumstances. Employers may also request reasonable medical documentation supporting the leave request.
The NJFLA prohibits employers from interfering with protected leave rights or retaliating against employees who exercise those rights.
Reasons Employees May Qualify for NJFLA Leave
Eligible employees in Somers Point may take protected leave for several qualifying family situations, including:
- Bonding with a newborn child within the first year after birth
- Caring for an adopted or foster child after placement
- Providing care for a family member with a serious health condition
- Assisting family members during public health emergencies or communicable disease outbreaks
Under the NJFLA, “family member” is interpreted broadly and can include:
- Spouses
- Children
- Parents
- Siblings
- Grandparents
- Grandchildren
- Domestic partners
- Parents-in-law
- Individuals with close familial relationships
Unlike the federal Family and Medical Leave Act (FMLA), the NJFLA does not cover leave taken for an employee’s own medical condition.
Common NJFLA Violations
Employers in New Jersey can violate the NJFLA in several ways, including:
- Denying eligible employees protected leave
- Terminating employees after requesting or taking leave
- Demoting employees upon returning from leave
- Reducing hours, pay, or responsibilities because of leave usage
- Using protected leave against employees in evaluations or disciplinary actions
- Improperly overlapping FMLA and NJFLA leave periods
Employers must properly distinguish between NJFLA and FMLA leave requirements. Failure to do so can result in violations of state law.
Legal Representation for NJFLA Claims in Somers Point
Castronovo & McKinney, LLC represents employees whose rights have been violated under the NJFLA. Depending on the circumstances, employees may be entitled to recover:
- Lost wages
- Lost benefits
- Emotional distress damages
- Reinstatement to their position
- Attorneys’ fees and court costs
In cases involving intentional or egregious misconduct, punitive damages may also be available.
Our firm works to hold employers accountable when they interfere with protected leave rights or retaliate against employees for exercising those protections.
Speak With a New Jersey Family Leave Act Attorney
If you believe your employer violated your rights under the New Jersey Family Leave Act in Somers Point, Castronovo & McKinney, LLC can help you evaluate your situation and take legal action when necessary. Our attorneys represent employees throughout New Jersey in family leave and workplace retaliation matters.