The New Jersey Family Leave Act (NJFLA) provides robust protections for employees needing time off for family-related reasons such as caring for a seriously ill family member or bonding with a newborn. If you’re facing issues with obtaining family leave, Castronovo & McKinney, LLC is here to assist you.
Our firm specializes in employee rights throughout New Jersey, with a deep understanding of the NJFLA. We aim to hold accountable any employers who violate this law. In your consultation with us, you’ll engage directly with an experienced family leave act attorney. They will inform you about your rights and discuss the legal options available to you. For professional guidance and support on NJFLA matters in Woodbridge Township, contact our office today.
Know Your Rights Under The New Jersey Family Leave Act
Under New Jersey law, companies with at least 50 employees globally must offer up to 12 weeks of leave every 24 months. During this period, employers must maintain the employee’s benefits, including health insurance and paid time off, and ensure their position or a similar one is available upon return.
To qualify for leave under the New Jersey Family Leave Act, employees must have worked for their employer for a minimum of 12 months and clocked at least 1,250 hours over the past year. The workplace must have 50 or more employees within a 75-mile radius.
Employees must provide advance notice for leave requests:
- 30 days for childbirth or adoption
- 15 days for immediate family member care
Exceptions for emergency situations allow for shorter notice. Employers can ask for medical certification to support leave requests. Importantly, employers are prohibited from retaliating against employees who exercise their rights under the NJFLA. Violations can result in legal consequences.
For legal assistance with NJFLA matters in Woodbridge Township, contact Castronovo & McKinney, LLC. We specialize in safeguarding employee rights under this act and will help ensure your benefits and position are protected.
Qualifying Reasons For Family Leave
The New Jersey Family Leave Act (NJFLA) provides eligible employees with the opportunity to take leave for specific family-related reasons. These include:
- Welcoming a newborn, adopted, or foster child within one year of birth or placement.
- Caring for a family member with a serious health condition or needing ongoing medical care. The definition of ‘family member’ is broad, encompassing children, spouses, parents, parents-in-law, siblings, grandparents, grandchildren, domestic partners, blood relatives, and individuals with whom the employee shares a family-like bond.
- Assisting a family member during a state of emergency due to an epidemic of a communicable disease, exposure to such a disease, or efforts to prevent its spread. This provision also applies to situations where a child’s school is closed due to public health emergencies.
It is important to note that the NJFLA does not cover leave for an employee’s own medical condition, a key difference from the federal Family Medical Leave Act (FMLA).
For legal support regarding NJFLA issues in Woodbridge Township, Castronovo & McKinney, LLC specializes in guiding clients through these complex regulations to ensure their rights are upheld.
Common Violations of the New Jersey Family Leave Act
Under the New Jersey Family Leave Act (NJFLA), several employer actions can constitute violations. For example, denying a male employee the opportunity to take leave for bonding with a newborn is a breach of the NJFLA. Similarly, demoting or reassigning female employees upon their return from family leave is another form of retaliation and a violation of this act.
A further common infringement occurs when employers count an employee’s protected leave under the NJFLA negatively in performance evaluations. Additionally, some employers mistakenly overlap the leave provided under the federal Family Medical Leave Act (FMLA) with the NJFLA leave. It’s crucial to note that employees are entitled to exhaust their FMLA leave before using NJFLA leave. Employers who fail to distinguish between these two and run them concurrently are not complying with the NJFLA.
Navigating these complex legal nuances requires the expertise of a seasoned New Jersey family leave attorney. For individuals in Woodbridge Township facing such issues, seeking legal assistance is key to ensuring their rights under the NJFLA are fully protected.
How Castronovo & McKinney Can Help
Our legal expertise enables us to effectively pursue legal action against employers who violate your rights. If your employer wrongfully terminated you for taking protected leave, you might be eligible for various forms of compensation. This includes recovery of lost wages and benefits, as well as damages for emotional distress experienced due to the termination.
Furthermore, in cases of particularly egregious employer misconduct, punitive damages may be awarded. These are designed not only to penalize the employer for their illegal actions but also to serve as a deterrent to other businesses against similar behavior.
Additionally, if successful, you may be entitled to have your legal fees and court costs covered by the employer. This provision ensures that seeking justice does not burden you with financial strain. For individuals in Woodbridge Township facing such disputes, we are committed to ensuring your rights are fully upheld and protected.
Contact Our Experienced New Jersey Family Leave Act Attorney
At Castronovo & McKinney, LLC, we specialize in addressing denials of protected leave under the NJFLA. As our client in Woodbridge Township, you’ll have the assurance of being represented by a seasoned family leave attorney dedicated to upholding your rights. Reach out to us to discover how we can assist in your specific situation.