The federal Family Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA) are crucial laws protecting your job during necessary family or medical leave. If you’re encountering issues with medical leave or your employer is not respecting your rights under these laws, it’s important to seek advice from a knowledgeable FMLA attorney.
Castronovo & McKinney, LLC specializes in advising employees throughout New Jersey, including Woodbridge Township, about their rights under FMLA and NJFLA. These laws are particularly important for new parents needing maternity or paternity leave, employees requiring medical treatment, or those who need to take extended leave to care for a family member with serious health conditions.
Our attorneys are dedicated to helping you understand your rights and are prepared to take legal action to safeguard your interests. If you have any concerns or face challenges regarding FMLA and NJFLA, don’t hesitate to reach out to our Morristown or Manhattan offices for assistance.
How The FMLA and NJFLA Protect Employees in New Jersey
The federal Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) are crucial for employees needing leave for personal or family health reasons. While these laws ensure job security and health benefits during leave, they do not mandate paid leave. The FMLA allows for 12 workweeks of leave in a 12-month period, whereas the NJFLA provides up to 12 workweeks of leave in a 24-month period.
Eligibility for FMLA leave requires an employee to have worked for their employer for at least 12 months, clocked a minimum of 1,250 hours over the past 12 months, and work at a location where the employer has 50 or more employees within a 75-mile radius. For NJFLA leave, employees need to have worked at least 12 months for their employer and accrued at least 1,000 base hours in the preceding 12-month period. NJFLA is applicable to employers with 50 or more employees globally.
Permitted Reasons for Family Medical Leave
Under the Family Medical Leave Act, Woodbridge Township employees have the right to take leave for several significant life events. These include:
- The birth and subsequent care of a newborn child.
- Bonding with a child upon their adoption.
- Providing care for a spouse, child, or parent facing a serious health condition.
- Managing their own serious health condition.
- Addressing situations related to a family member’s military service.
These FMLA provisions are designed to support employees during pivotal family and personal moments, ensuring their job security while they attend to these crucial responsibilities.
Other Considerations
It’s crucial to understand the differences and limitations of the Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). The FMLA does not permit leave to care for in-laws, siblings, or grandparents. Conversely, the NJFLA does allow employees to take leave to care for a mother-in-law or father-in-law.
To qualify for leave under either the FMLA or NJFLA, the health condition involved must meet specific criteria, such as:
- Necessitating inpatient care from a health professional.
- Causing incapacity for more than three consecutive days with ongoing treatment.
- Being related to pregnancy or prenatal care.
- Stemming from a chronic health condition.
- Being a long-term or terminal health condition.
- Requiring an absence of more than three days for multiple treatments that would otherwise lead to prolonged incapacity if not treated.
Employers can ask for medical certification to substantiate a serious health condition for FMLA leave, but they cannot request detailed medical records. It’s also illegal for employers to retaliate against employees who request leave under the FMLA or NJFLA.
Were Your Benefits and/or Job Threatened by your Family Leave?
If you’re facing a dispute over your medical leave rights or unfair treatment, our skilled family medical leave attorneys are here to assist. It’s crucial to understand that during your leave, your employer is obligated to maintain your job position and continue your medical benefits.
Should you encounter issues after taking legally allowed family leave, such as threats to your job or benefits, you might have grounds for a claim against your employer. This could lead to job reinstatement, compensation, or both. Our team has extensive knowledge of both the FMLA and NJFLA and will strategize the most effective course of action for your case.
While we aim to resolve most employment disputes through negotiation, we are fully prepared to take legal action if necessary. You can trust us to vigorously protect your employment rights, whether it involves negotiation or litigation.
Contact Our Experienced New Jersey Family Medical Leave Act Attorneys
If you’re facing challenges with family medical leave in Woodbridge Township, including denial of leave or loss of job or benefits due to taking leave, our experienced legal team at Castronovo & McKinney, LLC can assist you in securing the compensation you rightfully deserve. We have a strong history of successfully resolving disputes related to the Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), ensuring that your rights are vigorously defended.
Don’t hesitate to reach out to us for help with your family medical leave concerns. Our commitment is to protect your rights and achieve favorable results for your case. Contact us today to get started. We are proud to represent clients throughout New Jersey, including those in Woodbridge Township, in their FMLA and NJFLA claims.