There are times when you need some time off work when a medical emergency arises. It is key to give the notice within the right time so that the employer can make the necessary arrangements. But with the nature of medical emergencies, you can hardly be able to do it earlier.
Sometimes despite employers knowing that you deserve the medical leave as per the guidelines in the New Jersey law, they may try to retaliate against you. Therefore, it is crucial to understand which rights you have and the best way to proceed with the leave request.
Having an employment law lawyer with you is significant. Which are the different aspects to keep in mind for everything to be smooth?
Eligibility of the Medical Leave
What makes one eligible for medical leave and the other not? Through the New Jersey Family Leave Act (NJFLA) and Family and Medical Leave Act (FMLA), New Jersey gives guidance on the situations where an employee can write a medical leave letter, including:
- One, the inability to work due to health problems is the first one. The leave allows you time to go and seek treatment.
- Secondly, when a worker is in an adoption process or a foster care role to another person. The employer ought to pave the way for such noble duties.
- Thirdly is the need to take care of a close family member who has a serious health problem. Other employees eligible are the ones caring for an infant.
What If I Get Denied The Medical Leave?
If you are eligible for medical leave, there should be no challenges in succeeding with it. However, it is common to find an employer trying to deny you this right despite the clear New Jersey laws. In this case, finding legal teams to fight for your rights is elemental.
The New Jersey employment law attorney at the Law Offices of Usmaan Sleemi understands what makes the denial unjust. If a company has less than 50 workers, the employer is not subject to the NJFLA and FMLA; hence you may not have legal grounds to file the case.
Which Conditions Determines Leave Granting?
Find competent lawyers who have mastery in the medical leaves as they know the right legal grounds to stand. They check the basics, such as the time you have worked for the company.
Generally, if you have been around the workplace for a period of fewer than 12 months, and you may not be eligible for the leave. In terms of hours, the New Jersey law needs an employer to have worked for 1250 hours in total. A worthy lawyer makes you know about all these.
The Financial Gains
The medical leave ordinarily is unpaid when you take an FMLA leave. However, you can use the accrued paid leave. After the leave is over, you need to be reinstated to the same position with the same benefits. The NJ Prevailing Wage Act and the Davis-Bacon Act protect you at this point. It means your wages or salaries will not be affected by the leave in any way.
It reaches a time when you need medical leave. New Jersey law guides how the process needs to proceed. Having a professional legal team is key. The employment law advocates consider the eligibility and other aspects to guide you accordingly.
