A medical concern can at times arise hence prompt the need to take a leave from work. An extended one could be much more significant, especially when the medical conditions are serious. Even if employers include the rights to leaves in employment contracts, sometimes they create some roadblocks. Some could even offer short leaves which can hardly solve anything.
What is elemental is understanding the federal and state laws revolving around medical leave rights. In New Jersey, various acts such as NJ Prevailing Wage Act guide the financial aspects. At the federal level, there is the Davis-Bacon Act which focuses on the contractual benefits to employers.
Having an employment law advocate is crucial in understanding your medical leave rights.
Denial of a Medical Leave Situation
It is common to hear some New Jerseyans with disputes with their employers after a denial of leave. Most employers know that it is illegal but may still stand firm with their decision. Some will try to show how a worker failed to give the notice in time. The truth is, medical problems emerge abruptly, which makes it hard to make prior notice.
A good employer needs to understand the situation well and grant medical leave. Never worry when your lawyer denies the break as the state has law offices which you can approach and get assistance.
The New Jersey employment law attorney at the Law Offices of Usmaan Sleemi will explain your rights. Worthy attorneys will be resourceful in making you review your employment contract. The document could have something to base your arguments on when it comes to the leaves.
Effect on the Wage
When you take a family-related or medical leave, you may not be paid as the Davis-Bacon Act dictates that a worker is only paid as per the employment contract. However, you will get the payments when you usually return. The payments will be as per the prevailing wage rate.
This is also clear in the NJ Prevailing Wage Act. An employee needs to remember that even though the leave is unpaid, there is an option of using the accrued paid leave during the medical break. Your lawyer will make you understand the different laws exhaustively, which will help in making better decisions.
Who Is Eligible for Medical Leave?
It is a good thing to know who is entitled to getting a medical leave. This goes with the FMLA (Family and Medical Leave Act) and NJFLA (New Jersey Family Leave Act). Some employees are eligible, and here is the list.
- Someone who is finding it difficult to work due to a severe medical issue. This ranges from chronic diseases, treatment-resistant conditions, for instance, Alzheimer’s disease, to pregnancy and prenatal care.
- The other is when making arrangements in an adoption process. If you also have plans to foster care, it counts also.
- The other reason is the need to take care of a family member who is experiencing a major medical challenge. It could be a spouse undergoing surgery or treatment after a diagnosis of chronic disease.
There are times when there is a compromise of your medical leave rights by the employer. What is important is looking for the New Jersey employment law attorneys as they understand aspects such as leave eligibility and the state’s regulations.
