The Family Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA)
The Family Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA) are critical laws designed to protect your job while you’re on necessary medical or family leave. If your employer is not respecting your rights under these laws, it’s important to consult an experienced FMLA attorney for guidance and legal support.
Know Your Rights
Castronovo & McKinney, LLC represents employees in Union County, NJ, who are facing challenges with FMLA or NJFLA leave. These laws are vital for parents needing maternity or paternity leave, employees requiring medical treatment, or those needing extended leave to care for a sick family member. Our attorneys are ready to explain your rights and take legal action when needed.
FMLA and NJFLA Protections
The FMLA and NJFLA ensure job security and continued health benefits while you take necessary family or medical leave. However, neither law mandates paid leave. Under the FMLA, eligible employees can take up to 12 weeks of leave within a 12-month period, while the NJFLA allows up to 12 weeks within a 24-month period.
Eligibility for Family Medical Leave
To be eligible for FMLA leave, you must meet the following requirements:
- Worked for your employer for at least 12 months
- Worked at least 1,250 hours in the past 12 months
- Be employed at a location with 50 or more employees within a 75-mile radius
For NJFLA leave, eligibility requires:
- At least 12 months of employment
- At least 1,000 hours worked in the last 12 months
- Applicable to employers with 50 or more employees worldwide
Permitted Reasons for Leave
Both the FMLA and NJFLA allow leave for the following reasons:
- Birth of a child or bonding with a newborn
- Adopting a child
- Caring for a spouse, child, or parent with a serious health condition
- Managing your own serious health condition
- Issues related to a family member’s military service
These protections help you navigate key life events without fearing for your job security.
Important Differences Between FMLA and NJFLA
One key difference between these two laws is that the FMLA does not allow leave to care for in-laws, siblings, or grandparents, while the NJFLA does allow you to take leave for a mother-in-law or father-in-law.
Health Condition Criteria
To qualify for leave under either law, your health condition must meet one of the following criteria:
- Require inpatient care
- Cause incapacity for more than three consecutive days, with ongoing treatment
- Relate to pregnancy or prenatal care
- Be a chronic health condition
- Be a long-term or terminal condition
- Require multiple treatments that would lead to prolonged incapacity if untreated
Your employer may request medical certification for FMLA leave but cannot demand detailed medical records. Retaliation for taking leave is prohibited under both laws.
Employer Retaliation
If your employer retaliates against you for requesting or taking leave under the FMLA or NJFLA, you may have grounds for a legal claim. Your employer must maintain your job and continue your health benefits while you’re on leave. If you face retaliation or have concerns about your leave, contact our experienced attorneys.
Taking Legal Action
If you face issues such as job loss or denied benefits after taking legally protected leave, you may have a valid claim against your employer. Our attorneys will assess your situation and determine the best course of action, which could include job reinstatement or compensation.
Contact Us for Assistance
If you live in Union County, NJ, and are dealing with family medical leave issues, such as denial of leave or retaliation from your employer, Castronovo & McKinney, LLC can help. We have a proven track record of successfully handling FMLA and NJFLA disputes and can assist you in protecting your rights and securing the compensation you deserve.
Contact us today to discuss your case.