The Family and Medical Leave Act (FMLA) of 1993 requires that employers offer their workers a maximum period of 12 weeks unpaid leave for personal and family reasons. The law offers protection of job status to eligible employees, including job protection when the worker returns to work from their leave.
If you or a close family member is discriminated against as per the FMLA act, our experienced New Jersey employment law attorneys will help you assert your rights as a worker. Schedule an appointment online or call our offices today. Here is more information about the FMLA:
Who is eligible for the FMLA?
Not everyone qualifies for an FMLA because there are some requirements that must be met. The employer is required to have a minimum of 50 employees working within 75 miles from the work premises. However, elementary schools, secondary schools, and public agencies must not attain the 50 employee number to qualify. Additionally, the worker must have been in the organization for a minimum of 12 months and worked not less than 1250 hours during the last year.
What are the reasons to take FMLA?
Taking an unpaid leave under the FMLA has to be under specific circumstances. They include:
- Addressing a severe health condition suffered by the employee
- Caring for an employee’s parents, children, or spouse suffering from a severe health condition
- Caring for the employee’s child after birth or when putting the child for foster
When possible, the employee should notify their employer 30 days prior to taking the leave or as soon as possible if the situation was not predictable. You will also be required to provide medical certification as you file the request and fitness for duty report when resuming your work. This is the only way they can be sure you are fit to resume duties.
Family medical leave act involving pregnancy
Your chances of running into workplace problems when pregnant are high because employees are cautious when hiring pregnant women and will often be reluctant when allowing back after maternity leave. Remember, you are entitled to a medical leave the same as any other employees as a pregnant woman or a new mother looking to care for her newborn child.
The Family and Medical Leave Act of 1993 protects all employees seeking maternity, sick leave, hospitalization, and paternity leave. If the employer mistreats you because of any of these, you should consider working with an experienced lawyer to protect your rights.
Potential violations
Employers often violate FMLA by not notifying their workers of their rights under this act or retaliating against them when they take their leave. This could be in terms of terminating their contracts, demoting them, or reducing their pay. You are also protected against negative performance reviews when you were out for your leave.
Contact Sleemi Law
If you are a victim of discrimination because of taking your leave or the employer is denying you these privileges, let us protect your rights. It is your right to take a three-month unpaid medical leave provided you qualify as per the requirements. Schedule an appointment with our New Jersey employment law attorneys or call the offices at 973-327-7874.
