Navigating the Family and Medical Leave Act (FMLA) can be daunting. If you are a worker in New Jersey wrestling with questions about your rights under FMLA, this blog is for you. The world of employment law can be complex, but help is here.
What Is the FMLA?
FMLA is a federal law that grants eligible employees the right to take unpaid, job-protected leave for specified family and medical reasons. One must understand it is an employee’s shield, ensuring that one’s job remains secure while attending to critical personal or family health concerns.
What Does FMLA Leave Cover?
FMLA leave enables individuals to take time off for several circumstances for up to 12 weeks of unpaid leave, including but not limited to:
- The birth of a child and to bond with the newborn within one year of birth.
- The placement with the employee of a child for adoption or foster care and to bond with the child within one year of placement.
- To care for an immediate family member (spouse, child, or parent) with a severe health condition.
- To take medical leave when the employee cannot work because of a serious health condition.
Does My Employer Have to Keep My Insurance While on FMLA Leave?
It is imperative to understand that while on FMLA leave, an employee’s health insurance coverage must continue on the same terms as if they had continued to work. It implies that if you pay a portion of the health insurance premium, this arrangement continues throughout FMLA leave. The key detail to remember is continuity—there should be no gap in protection due to taking leave.
This maintains stability in healthcare coverage, allowing for peace of mind and focus on what matters most—health and family.
Can My Employer Deny My Request for FMLA Leave?
Herein lies a critical component of FMLA rights: An employer cannot lawfully deny a legitimate request for FMLA leave if you are an eligible employee and the reason for leave falls within the FMLA guidelines. Eligibility criteria must be met, and a proper request following company policy should be submitted. If these conditions are upheld, the pathway to leave is clear.
What if I Believe My FMLA Rights Have Been Violated?
Should a legal violation arise, know that recourse is available. If you suspect that your FMLA rights have been compromised, it is prudent to seek legal counsel promptly. Our firm is well-versed in employment law and stands ready to defend your rights with determination and legal acumen.
How Do I Request FMLA Leave?
Requesting FMLA leave involves notifying your employer about the need for FMLA-qualified leave. Documentation, such as medical certification, may be requested by your employer to substantiate your claim. It is crucial to follow your employer’s procedures for making such requests, which typically align with guidelines set forth by the Department of Labor.
A South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Will Help You Understand Your FMLA Rights
Your job is vital to you, and so is your well-being. Your rights deserve protection. Your questions deserve answers. Your peace of mind is paramount. Speak with a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC today. Call 856-235-7075 or contact us online to schedule your free consultation and learn more about the support and service we can provide. Located in Mount Laurel and Atlantic City, New Jersey, we serve clients in South Jersey, including Cherry Hill, Burlington County, and Camden County.