If you work in New Jersey or anywhere in the United States, you may have heard people mention the “Family and Medical Leave Act,” or FMLA. Maybe a coworker brought it up when they had a baby, or you heard it mentioned when someone in the family got sick. The FMLA is a federal law that protects workers who need to take time off for certain medical or family reasons. New Jersey workers may also have additional rights under the New Jersey Family Leave Act (NJFLA), which is a separate state law. Together, these laws give qualifying employees the right to take unpaid time off while keeping their jobs and certain benefits protected. Understanding what each law covers, who qualifies, and how the leave works can make a real difference when you are dealing with a difficult situation at home or with your health.
What Is the FMLA?
The Family and Medical Leave Act is a federal law that has been in place for over 30 years. It gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period. That means you can take time off work for a covered reason and, when you come back, your employer must place you in the same job or a job that is equal in pay and responsibilities. Your employer cannot punish you for taking leave you are entitled to under the law.
New Jersey workers may also qualify for leave under the NJFLA, which provides up to 12 weeks of unpaid leave in a 24-month period. While the two laws overlap in many situations, they have key differences in who they protect and what reasons qualify for leave. In some cases, both leave periods run at the same time. In others, they can run back-to-back, giving you more total time off.
Who Has to Follow These Laws?
Not every employer in the country is covered by the FMLA. The law applies to private employers with 50 or more employees and all public or government agencies, no matter how many employees they have. The same basic rule applies under the NJFLA for private companies.
One thing that surprises many people is how the employee count is calculated. If a company shares management, ownership, or control with another business, a subsidiary, or a related division, the employees from those connected entities may be counted together. This means a business that looks small on paper might actually be considered a covered employer under the law.
Do I Qualify for FMLA Leave?
Just because your employer is covered does not automatically mean you are eligible. To qualify for FMLA leave, you must meet two requirements:
- You must have worked for your employer for at least 12 months.
- You must have worked at least 1,250 hours during the 12 months before your leave starts.
The NJFLA has a slightly lower bar. It also requires 12 months of employment but only asks for 1,000 hours worked in the prior 12 months. This matters for people who work part-time or whose hours vary from week to week.
The 12-month employment period does not have to be 12 straight months in a row. It can include gaps in employment. Partial weeks, sick leave, vacation time, and other paid time off all count toward meeting the 12-month requirement. However, when it comes to the base hours requirement, only actual hours worked count. Sick days, vacation time, and personal leave do not count toward the 1,250 or 1,000 hours.
What Reasons Qualify for Leave?
Both the FMLA and NJFLA cover leave for the birth or adoption of a child and for caring for a close family member with a serious medical condition. A close family member generally means a parent, spouse, or child.
The FMLA goes one step further. It also allows you to take leave for your own serious medical condition. This is a major difference between the two laws. The NJFLA does not cover your own health issues, only those of a qualifying family member.
What Counts as a Serious Medical Condition?
A serious medical condition under the FMLA is broadly defined. It generally includes any illness, injury, impairment, or physical or medical condition that requires either:
- Inpatient care, meaning an overnight stay in a hospital or care facility, or
- Continuing treatment from a health care provider
Many people assume only life-threatening conditions qualify. That is not the case. Chronic conditions, recovery from surgery, and even treatment for alcohol or substance abuse can qualify as serious medical conditions under the right circumstances. On that last point, it is worth noting that treatment for substance abuse may qualify, but simply missing work because of alcohol or drug use does not.
In some situations, cosmetic or elective surgery may also qualify if it involves complications or requires inpatient care. This is one of the areas where the definition of a serious medical condition is broader than most people expect.
When a serious medical condition is involved, questions about your privacy and your medical records can come up. Your employer has some right to verify the condition, but there are limits on what they can ask and who they can contact. Employers must be careful not to overstep when communicating with your medical providers.
How Do FMLA and NJFLA Work Together?
Because the FMLA and NJFLA both apply to many New Jersey workers, it is common for both leave periods to run at the same time or back-to-back, depending on the situation. This can get confusing fast, and it is one of the biggest sources of mistakes by employers.
Here is an example of how they can run at the same time: if you need to take 12 weeks off to care for a child with a serious medical condition, both your FMLA leave and your NJFLA leave would likely run at the same time. You would not get 12 weeks under one law and then another 12 weeks under the other.
Here is an example of when they can run back-to-back: suppose you are injured and unable to work for 12 weeks due to your own disability. That time off would be covered under the FMLA, since the FMLA covers your own health. If, on your last day of FMLA leave, your spouse is seriously injured in a car accident, you could then be entitled to 12 weeks of NJFLA leave to care for your spouse. In this case, you could end up with 24 weeks total.
Figuring out how and when leave periods run is not always simple. The rules depend on the specific facts of your situation, and mistakes can cost employees the time off they are entitled to.
Can My Employer Make Me Use My Paid Time Off During Leave?
Yes. An employer is allowed to require you to use your accrued paid time off, including sick days and vacation time, at the same time as your unpaid FMLA or NJFLA leave. This does not give you extra time off. It simply means your paid leave and unpaid protected leave run together.
The key rule here is consistency. Your employer must apply the same practice to everyone. They cannot single you out or treat your leave differently from how they treat other employees who take unpaid leave. If the company policy says employees must use all accrued paid leave before taking unpaid leave for any reason, that same rule must be followed for FMLA and NJFLA leave too.
What Rights Do I Have When I Return from Leave?
One of the most important protections the FMLA gives you is the right to return to work. When your leave ends, your employer must put you back in the same job or one that is equivalent. That means the pay must be equal and the job duties must be similar to what you had before. Your employer cannot give you a lesser position just because you took protected leave.
Your employer is also required to maintain your health benefits while you are on leave. When you return, you should not lose coverage or face higher costs as a result of the time you were away.
What Are Common FMLA Violations by Employers?
Many employers, including large and experienced companies, still get the FMLA wrong. Sometimes it is because they do not know the law well enough. Other times they believe they understand it, but they misapply the rules. Either way, the consequences for employees can be serious.
Common violations include:
- Denying leave that the employee is entitled to take
- Firing an employee for taking or requesting FMLA leave
- Demoting an employee or cutting their hours after they return from leave
- Pressuring an employee to come back to work before their leave is up
- Failing to tell employees about their rights and options under the law
- Putting an employee in a lower-paying or less favorable position after leave
- Miscounting the leave period or forcing both FMLA and NJFLA leave to run when they should not
Retaliation against employees who take or ask for FMLA leave is strictly prohibited. That includes any form of punishment, such as extra work, harassment, a demotion, or being passed over for a promotion.
What Happens If My Employer Violates My Rights?
Employers who wrongfully deny leave or retaliate against employees for taking it can face serious consequences. That includes being required to pay back wages, reinstate the employee to their job, and pay other monetary damages. Employees who believe their rights have been violated can file a complaint with the U.S. Department of Labor or bring a private lawsuit in federal or state court.
It is important to act quickly. There is a time limit for filing an FMLA claim, generally two years from the date of the violation. If the violation was willful, meaning your employer knew they were breaking the law, that window extends to three years. Do not wait too long to look into your options.
On the flip side, employees also have responsibilities. If you do not follow the proper steps for requesting leave or providing the required documentation, you could lose your right to the protected time off. Not following the process correctly is one of the main reasons employees end up in a worse position than they expected.
Can I Take FMLA Leave in Smaller Pieces?
You do not have to take all 12 weeks at once. The FMLA allows what is called intermittent leave, which means you can take your leave in smaller blocks of time. This is common for ongoing medical treatments, flare-ups of a chronic condition, or regular appointments related to a covered health issue.
Employers can ask you to try to schedule your medical appointments at times that cause the least disruption to the workplace. But they cannot deny intermittent leave simply because it is inconvenient for them. If the leave is medically necessary and you are eligible, you have the right to take it.
What Should I Do If I Need to Take Leave?
If you think you may need FMLA leave, there are a few steps to take right away:
- Tell your employer. You do not have to use the words “FMLA” when you ask for leave. If your employer can reasonably tell that your situation might qualify, they are required to let you know about your rights and start the process.
- Get your medical documentation together. Your employer has the right to ask for medical certification from a health care provider to support your request. You usually have around 15 calendar days to provide this.
- Know your employer’s policy on paid time off. Find out if your employer requires you to use your sick or vacation time at the same time as your leave.
- Talk to an employment attorney if anything seems off. If your employer is pushing back, dragging their feet, or acting in a way that feels retaliatory, get legal advice before things get worse.
Talk to an Employment Attorney About Your FMLA Rights
The FMLA and NJFLA exist to protect you when you need time away from work for a serious reason. But the rules around eligibility, leave calculations, and how the two laws interact are more complex than most people realize. Employers frequently get it wrong, and when they do, employees pay the price.
If you believe your employer has denied you leave you are entitled to, retaliated against you for taking leave, or put you in a worse position after you returned, you have rights worth protecting. The Law Offices of Usmaan Sleemi helps employees in New Jersey understand and stand up for those rights. Call us today at 973-866-9415 to talk through your situation and find out what options you have.