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MEDICAL
THE FMLA ESTABLISHES LEGAL PROTECTIONS FOR EMPLOYEES
Newark is the largest city in New Jersey, with more than 135,000 employed residents as of 2024 across industries including healthcare, transportation, and construction. Major employers include University Hospital, NJ Transit, Horizon Blue Cross Blue Shield of New Jersey, and PSEG. With so many people working for large organizations, Newark employees have important rights under both federal and state family and medical leave laws. If your employer has denied your leave request, retaliated against you, or terminated you after you returned, contact the Law Offices of Usmaan Sleemi for a free consultation with an employment lawyer.
Leave Laws Protecting Newark Workers
The Family and Medical Leave Act of 1993 (FMLA) allows eligible employees at covered employers to take up to 12 weeks of unpaid, job-protected leave per year. The U.S. Department of Labor enforces the FMLA and defines a covered employer as any private-sector company with 50 or more employees, as well as public agencies and schools of any size.
New Jersey workers are also protected by the New Jersey Family Leave Act (NJFLA). In January 2026, Governor Murphy signed A3451/S2950 into law, one of the most significant expansions of the NJFLA in its history. Effective July 17, 2026, the NJFLA will cover private employers with 15 or more employees, down from 30, and eligibility drops to just three months of employment and 250 hours worked. The New Jersey Office of Attorney General estimates the changes will extend protections to over 400,000 additional workers statewide.
Qualifying Reasons for Leave
Under the FMLA, eligible employees may request protected leave for the following reasons:
- You are unable to work due to a serious health condition
- You are caring for a spouse, child, or parent with a serious health condition
- You are welcoming a newborn, newly adopted, or newly placed foster child
- You need to leave due to a qualifying exigency related to a family member’s active military duty
Both the FMLA and NJFLA cover unpaid leave, though employees may use accrued paid leave concurrently. Note that the NJFLA does not cover an employee’s own health condition; instead, it pairs with New Jersey’s Temporary Disability Insurance and Family Leave Insurance programs for wage replacement.
When an Employer Violates Your Rights
Some Newark employers wrongfully deny leave, pile on excessive documentation requirements, or retaliate by cutting hours, demoting, or terminating workers after they return. All of these actions may violate federal and state law. Remedies can include job reinstatement, back pay, lost benefits, and emotional distress damages. Preserve all communications with your employer, including emails and any letters related to your leave request, as they can be critical evidence.
FAQs: Newark Family and Medical Leave
Can my employer demote or fire me for taking leave?
No. Retaliation for exercising FMLA or NJFLA rights is unlawful. If you suffer any adverse employment action after requesting or returning from leave, you may have grounds to sue. Terminations that occur shortly after an employee returns from leave are among the most common retaliation claims we handle.
I work for a smaller Newark employer. Do I still have rights?
Possibly. Before the July 2026 NJFLA amendments take effect, the law covers employers with 30 or more employees. After that date, coverage drops to 15. Workers at even smaller employers may have protections under other laws. Call our office so we can review your situation.
What if my employer says I was not eligible for FMLA leave?
Eligibility disputes are common. Employers sometimes miscount hours worked or misapply the tenure requirement. An attorney can pull your pay stubs and timecards to determine whether the denial was accurate.
Contact a Newark Family and Medical Leave Attorney
The Law Offices of Usmaan Sleemi has represented employees across Northern New Jersey in leave disputes with employers of all sizes. If you believe your rights have been violated, call us at (973) 866-9415 or contact us online to schedule a free consultation.