Every employee will find it suitable when everyone is at work for business to run normally and make profits. Employee absenteeism has been found to have a significant impact on the business. However, the law governs medical absenteeism using the Americans with Disabilities Act and the Family and Medical Leave Act, both of which are mandatory. Consult New Jersey employment law attorneys if you feel your employer has denied you temporary medical leave or has fired you at this time. Here is everything you should know about medical leave.
Who Is Eligible For A Family And Medical Leave Act (FMLA)?
These are the rules that determine who qualifies for a medical leave of absence:
- An employee who has worked in an organization for 12 months or more.
- An employee who has worked for 1250 hours or more before the leave
- Employees working at a location with 50 or more employees with the employer within 75 miles.
The law protects workers who take medical leaves. The employer cannot fire, demote, or deny promotion to an employee because they have taken a medical leave. If such an act occurs, the affected employee is entitled to payment of lost wages, reinstatement, loss sustained because of the employers’ violation of FMLA, and employment benefits. Some counties have measures in place to protect employees who are not under federal FMLA. This prevents the occurrences where employees with a medical condition are unlawfully denied leave.
Conditions That Could Force You To Quit After A Temporary Medical Leave
You could be forced to leave work if the illness you had gone to seek treatment for worsens. In this case, prior communication is necessary to notify your employer that you will quit. Employers are also known to harass their workers before, during, and after taking leaves. You are eligible for worker’s benefits regardless of the reason for quitting. This is why it is important to have legal guidance when approaching your employer. You are also justified to file a lawsuit if you feel your employer has denied you a temporary leave or has harassed you during this process. Harassing could include firing or demoting you.
Why You Need An Employment Law Lawyer
Most employers retaliate against their workers for exercising their rights. In this case, an employer can decide to retaliate against you for taking a protected leave of absence. Some do it when workers seek payment and compensation. With the right advocate, you are assured that you’ll protect your right as well as get your job back if the consequences involve firing.
Experts at the Law offices of Usmaan Sleemi have over 30 years’ experience dealing with leave cases to help workers protect their rights. They represent workers from all industries, including healthcare, construction, technology, transportation, and manufacturing. If you feel like you have been treated contrary to your rights, seek the legal representation of New Jersey employment law attorneys. Call their offices today at 973-453-4060 for a free consultation.
