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MEDICAL
THE FMLA ESTABLISHES LEGAL PROTECTIONS FOR EMPLOYEES
A federal law called the Family and Medical Leave Act of 1993 (FMLA) establishes legal protections for employees who need extended periods of leave from work to attend to family or medical emergencies. Act lawyers are specialized legal professionals who handle cases related to the FMLA and New Jersey’s Family Leave Act (NJFLA), ensuring that employees’ rights are protected. Under the FMLA, a certain employee who meets eligibility criteria is guaranteed up to 12 weeks of protected unpaid FMLA leave per year for matters such as serious illnesses, the birth of a child, a recently adopted child, caring for a family member injured, or caring for a family member affected by active duty in the military. New Jersey’s Family Leave Act (NJFLA) may also apply in such cases, providing additional protections for eligible employees. FMLA requires that a covered employer, including private sector employers with 50 or more employees, allow eligible employees to take leave for qualifying reasons, and upon return, restore the employee to the same job or a similar position with equivalent pay and benefits.
While the FMLA and NJFLA protect an employee’s job in theory, the unfortunate reality is that employers sometimes retaliate against employees who choose to take leave or are requesting leave under these laws. Such retaliation or discrimination may also constitute civil rights violations. In other cases, there may be disputes as to whether an employee is an eligible employee entitled to family or medical leave. If you, your spouse, or one of your family members is in a dispute with a covered employer as to job-protected leave under the FMLA or NJFLA, or if an employer has terminated you in retaliation for taking leave, the experienced FMLA attorneys at the Law Offices of Usmaan Sleemi—a law firm that can represent people in employment leave disputes—can sit down with you to explain your FMLA rights, discuss your options, and if necessary, defend you aggressively against employers who act in a retaliatory fashion. Our attorneys work tirelessly to protect each employee’s FMLA rights and ensure fair treatment.
For a free consultation concerning family or medical leave under the FMLA or NJFLA, contact the Law Offices of Usmaan Sleemi at 973-866-9415. Our experienced family and medical leave lawyers serve employees across a diverse range of industries, including employees of small, mid-size, and large businesses, throughout the Northern New Jersey area.
WHAT IS THE FAMILY MEDICAL LEAVE ACT (FMLA)?
The FMLA ensures that an eligible employee receives a maximum of 12 weeks of unpaid, job-protected FMLA leave per 12-month period. A covered employer includes private sector employers and public agencies, as well as elementary schools and secondary schools, if they employ 50 or more employees, either on-site at the facility or within a 75-mile radius of the work site. Certain employees qualify for FMLA leave based on specific criteria, such as length of employment and hours worked.
Employees should ideally give their employers as much advance notice of the leave period as possible, though the sudden nature of medical emergencies sometimes makes doing so impractical or impossible. Providing advance notice helps ensure compliance with FMLA and NJFLA regulations. Requesting leave in a timely manner is important for both the employee and employer. Employers are required to provide written notice to employees that a leave period is being counted as FMLA or NJFLA leave.
There are several methods by which employers may calculate the 12-month period. Other than following the calendar year, employers may alternately determine the 12-month period based on a rolling period, the date on which the employee’s first period of leave begins, or the employee’s start date, the fiscal year, or other fixed periods.
It is important to emphasize that the FMLA and related NJFLA pertain to unpaid leave, and do not guarantee paid time off to address family or medical emergencies. However, both laws allow an eligible employee to take leave and put paid leave which has accrued, such as vacation leave, toward the leave period under the NJFLA or FMLA. If an employee is unable to perform their job functions due to a serious health condition, they may qualify for FMLA leave. FMLA requires that upon return from leave, the employee is restored to the same job or a similar position with equivalent pay and benefits, protecting the employee’s rights and ensuring job security.
WHO IS ELIGIBLE FOR MEDICAL OR FAMILY LEAVE IN NEW JERSEY?
As previously noted, a covered employer, including private sector employers with 50 or more employees, is subject to FMLA or NJFLA requirements. However, even if an employer is a covered employer required to comply with the FMLA and NJFLA, it does not necessarily mean that each employee will be covered in every situation. In order for an eligible employee to be entitled to FMLA leave or NJFLA leave under these pieces of legislation, not only must the employer be a covered employer, but in addition, certain employees must meet specific criteria pertaining to:
- The reason for the leave of absence. There are several situations that may entitle an employee to take leave under the FMLA or NJFLA, including:
- An employee unable to work due to a “serious medical condition” or “serious health condition,” defined by the United States Department of Labor as “an illness, injury, impairment, or physical or mental condition” involving inpatient care (such as overnight hospitalization), a period of incapacity lasting more than three days, incapacity related to pregnancy or prenatal care, incapacity related to a chronic health condition (such as epilepsy or diabetes), long-term incapacity related to a treatment-resistant condition (such as Alzheimer’s disease), or absences needed to receive a series of treatments (such as dialysis or chemotherapy).
- Making arrangements for a foster care or adoption placement.
- Providing care for a newborn infant.
- Providing care for an “immediate family member,” meaning the employee’s mother, father, child, or spouse, who has a serious medical or health condition as defined above, or a family member injured in the line of active duty military service.
- Taking leave due to a qualifying exigency related to a family member’s active duty in the Armed Forces.
- The number of hours worked. An eligible employee may be entitled to FMLA leave or NJFLA leave if both of the following statements are true:
- The employee has worked for the company, school, or agency for a minimum of 12 months.
- During the 12-month period preceding the beginning of the leave period, the employee performed a minimum of 1,250 hours of work.
If an eligible employee is entitled to FMLA leave or NJFLA leave, FMLA requires the covered employer to keep the employee’s position open during the employee’s leave of absence. Upon return, the employee must be restored to the same job or a similar position with equivalent pay and benefits. It is unlawful for employers to terminate an employee for lawfully exercising the employee’s rights to take leave or for requesting leave for family or medical reasons, whether during the period of leave, or as retaliation after the employee returns to work.
WHEN AN EMPLOYER DENIES FAMILY LEAVE
When an employer denies family leave, it can leave eligible employees feeling uncertain and vulnerable, especially when they are facing a family member’s serious health condition or their own medical needs. Under the New Jersey Family Leave Act and the federal Family and Medical Leave Act (FMLA), eligible employees in New Jersey have a legal right to take unpaid leave for qualifying family and medical reasons, such as caring for a family member with a serious health condition, welcoming a new child, or managing their own health issues. If an employer denies this right, it may be a violation of both state and federal law.
If you are a New Jersey employee whose request for family leave has been denied, it is important to understand your options. Consulting with experienced New Jersey employment lawyers or a dedicated FMLA lawyer can help you determine whether your rights under the family leave act or medical leave act have been violated. Legal counsel can review your situation, help you gather necessary documentation, and advise you on the best course of action. Keeping detailed records of your leave request, including all correspondence with your employer and any supporting medical documentation, can be crucial if you need to pursue legal action.
Employers who deny family and medical leave to eligible employees may be held liable under New Jersey employment law and federal law. The New Jersey Department of Labor and Workforce Development investigates complaints related to the New Jersey Family Leave Act, and employers found in violation may face lawsuits, fines, and be required to provide compensation such as back pay, reinstatement, or even damages for emotional distress. If you have suffered retaliation or any adverse employment action—such as demotion, reduction in hours, or wrongful termination—after requesting family leave, you may have additional claims under the New Jersey Law Against Discrimination or other employment laws.
New Jersey employment lawyers play a vital role in protecting the rights of employees who have been denied family leave. They can provide legal representation in negotiations with employers, file complaints with government agencies, and represent employees in court if necessary. If you have been wrongfully terminated, suffered retaliation, or experienced any adverse action for requesting family leave, you may be entitled to compensation and reinstatement to your same or an equivalent position.
The New Jersey Family Leave Act and the FMLA are designed to protect New Jersey employees from unfair treatment when they need to care for themselves or a family member. Employers are prohibited from retaliating against employees for exercising their rights under these laws. If your employer denies your request for family leave, do not hesitate to seek legal counsel. With the help of knowledgeable New Jersey FMLA lawyers, you can assert your legal rights, pursue justice, and ensure that you and your family members receive the support you need during challenging times.
NORTH JERSEY MEDICAL LEAVE ATTORNEYS REPRESENTING EMPLOYEES
Noncompliance with FMLA or NJFLA requirements may constitute a violation of your rights as an employee in New Jersey. If you believe that your employer has improperly denied you family leave or medical leave, or that you were wrongfully terminated from your job as retaliation for exercising your rights, you should discuss your legal options with knowledgeable act lawyers who specialize in these cases as soon as possible. The Law Offices of Usmaan Sleemi is a law firm that can represent people in employment leave disputes, and our attorneys work tirelessly to protect your rights. To arrange a free consultation with the experienced New Jersey employment law attorneys at the Law Offices of Usmaan Sleemi, contact us right away at 973-866-9415.