Employees may be required to take a leave of absence for various unforeseen circumstances. These instances could include an ailment that prevents an employee from working or taking care of a child. Under the Family and Medical Leave Insurance Law, qualified employees are offered a specific number of days to be away from work and take care of their family or medical emergency.
Employers are required, by law, to hold the employee’s job position until they return from leave. If the employer retaliates against the employee for taking their entitled leave, they may be eligible to file an FMLA lawsuit and receive compensation.
If you are concerned about taking family and medical leave or you feel you were retaliated against for taking leave, talk to the experienced New Jersey employment law attorneys at the Law Offices of Usmaan Sleemi to receive the compensation you deserve.
FMLA Laws
Family and work are two essential parts of each person’s life. Family and medical leave insurance aim to help employees balance their work and personal lives by creating flexibility in the event of unforeseen life events that are family- or medical-related.
FMLA Laws require employers to offer their employees time off for various medical-related reasons. Employees, for example, can take 12 weeks of unpaid leave within a 12-month timeline for:
- Childbirth
- Caring for a newborn baby under one year old
- Taking care of an adopted child within one year of the new placement
- Caring for your health if you have a severe health condition that disables you from work
- Caring for a child, spouse, or parent with a severe medical condition
How Can Your Employer Violate FMLA?
Your employer may violate your family and medical leave insurance rights in several ways, including discouraging you from taking the leave, requiring excessive notice than required by the law, miscalculating the period you have worked, and more.
FMLA provides employees with the right to take time off without penalty and get their position back when their leave is through. The employer might also violate the FMLA during your leave by pressuring you to return to work. They may also cut off your health insurance which should only be done if you are more than 30 days late with your payment.
What if You Have Challenges Doing Your Job?
When the FMLA leave is over, your employer might require you to give medical documentation that you are able to return to work. If you can return to your position, but you require some changes to accommodate your disability and enable you to do the job, your employer must provide those accommodations, unless they create an excessive hardship for your employer. If you believe your employer is unfairly preventing you from doing the work by failing to accommodate your disability, speak with an experienced attorney.
Talk to an Employment Law Attorney
If your employer has violated FMLA, contact the experienced New Jersey employment law attorneys at the Law Offices of Usmaan Sleemi. They will help review your situation and file a lawsuit to ensure you receive the compensation you deserve.
