The federal Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) are laws that provide protection to employees who need to take unpaid family leave without fear of losing their jobs. There are certain requirements for eligibility under both the federal and state laws. Eligible employees who have been unfairly denied family leave have the right to sue their employer for compliance and possible compensation.
Federal Family Medical Leave Act
The federal Family Medical Leave Act requires employers with 50 or more employees and all public sector employers to provide unpaid medical leave to eligible employees who need to take time off from work for personal medical issues or to tend to the needs of family members. Eligible employees are entitled to 12 weeks of leave with continued health insurance benefits and job protection. Eligible employees include:
- Those who have worked for the employer for a period of 12 months or more
- Employees who have worked a minimum of 1,250 hours during the 12-month employment period
- Those preparing for or caring for a newborn child
- Those preparing for or caring for an adopted or foster child
- Those providing care for an ill spouse, child, or parent
- Those recovering from surgery, injury, or other serious health impairment
- Those with a family member on military active duty status
Eligible employees can take all 12 weeks of leave consecutively, or in segmented periods as needed. FMLA benefits are available for 12 weeks within a 12-month period.
New Jersey Family Leave Act
The New Jersey Family Leave Act is similar to the FMLA, but with several distinct differences. New Jersey employers with over 50 employees who have worked for 20 or more weeks during the current or previous year are required to grant eligible employees 12 weeks of unpaid leave to attend to a family member’s health condition. Eligible employees include:
- Those who have worked for the employer for a period of 12 months or more
- Those who have worked a minimum of 1,000 hours during the 12-month employment period
- Those preparing for or caring for a newborn child
- Those preparing or caring for an adopted or foster child
- Those providing care for an ill spouse, child, parent, or in-law parent
NJFLA is not provided for employees to tend to their own health or medical conditions, or for a family member’s military active duty status. The 12-week period of leave is available over a 24-month period, which is half of the time provided by the federal FMLA.
Consult with an Employment Lawyer if You Have Been Denied Family Leave
If you work for an employer that is mandated to provide FMLA or NJFLA and your request has been denied, an experienced employment lawyer can help you ensure your rights are protected. An employment lawyer may be able to get a court order for your employer to grant your family leave, get your job restored if you were wrongfully terminated for taking family leave, and claim compensation for damages related to the denial of your eligible leave.
South Jersey Employment Lawyers at The Law Offices of Leo B. Dubler, III, LLC Help Eligible Employees Claim FMLA and NJFLA Benefits
If you have been denied leave under the FMLA or the NJFLA, call the South Jersey employment lawyers at The Law Offices of Leo B. Dubler, III, LLC at 856-235-7075, or contact us online to schedule a consultation today. Our Mount Laurel and Atlantic City, New Jersey offices serve clients throughout Cherry Hill, Burlington County, Camden County, and South Jersey.