Leave of absence is a blanket term used to broadly refer to employees’ requests to take a leave from work — often for an extended period — and can be used to cater to a wide range of needs, including family or personal illness, military service, family military service, pregnancy, and many more. Employees are granted the right to take leave for various reasons, under both federal and state laws.
Employers must comply with these laws when considering employees’ leave of absence requests. One main factor amongst these laws is the Federal Family and Medical Leave Act (FMLA), which offers eligible employees 12-26 weeks of leave, according to their needs. FMLA requirements are complex and extensive, and administration of the personal leave requests as per the law can be one of the most challenging tasks to successfully navigate in human resources management.
If you feel that your employer is not complying with the state or federal laws, you may be eligible for compensation. The New Jersey employment law attorneys at the Law Offices of Usmaan Sleemi can determine whether you have a case and help you seek the total compensation.
Reasons For Taking Leave
According to the Family Medical Leave of Absence Policy, unpaid leave can be granted for several reasons, including:
o A severe health concern, which makes the employee unable to perform his/her job effectively.
o To care for the employee’s son or daughter, spouse, or parent who suffers a severe health condition.
o To care for a child or parent, next of kin, or spouse, who is a covered Service Member recovering from a severe injury or debilitating illness sustained during the active line of military duty.
o To care for the employee’s child following the birth or placement for foster care or adoption.
o A qualifying exigency arising from the employee’s child, parent, or spouse’s active duty (or a notification of an impending order or call to active duty) in the National Guard or Reserves in support of contingency operations.
To be eligible for leave under the FMLA policy, employees must have worked for their employer for at least 12 months, for at least 1,250 hours of service over the last 12 months before the start of their leave, and must have perpetually worked at a location where there are at least 50 employees within 75 miles.
Talk To An Experienced Employment Law Attorney
Unfortunately, while federal and state laws protect employees’ rights, employers can — intentionally or unintentionally — compromise those rights by not granting valid leave of absence requests or retaliating against employees who file a request for leave.
The New Jersey employment law attorneys at the Law Offices of Usmaan Sleemi have the experience to protect your rights and fight for rightful compensation. Call their offices today at (973)-453-4060 to schedule a free legal consultation about your family medical leave of absence policy.
