Paramus Family and Medical Leave Attorney
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The Family and Medical Leave Act of 1993 (FMLA) is a critical federal law that provides legal protection to employees who need to miss work to handle family and/or medical issues. Before the passage of this law, employees had few protections, and many families could not deal with a sick child or even their own illness without possibly losing their jobs. Thanks to the FMLA, eligible workers can receive up to 12 weeks of protected unpaid leave.
New Jersey has also passed its own Family Leave Act, the NJFLA. It provides additional protection for workers. Contact our office if you have questions about whether you can request family and medical leave. We understand the laws in detail and can advocate for you. Some employers ignore their obligations under the FMLA and NJFLA, and employees might sue. In a private consultation, our Paramus family and medical leave attorney can review the dispute and explain your rights.
Do You Qualify for Family and Medical Leave?
Under the FMLA, workers can receive a maximum of 12 weeks of protected, unpaid leave each year. The federal law applies to “covered employers,” which typically includes any employer with at least 50 employees at the facility or within a 75-mile radius.
An employee also must have met a minimum threshold of hours worked: at least 12 months and 1,250 hours. A worker who does not meet these minimums cannot request FMLA leave.
When an employee returns from leave, an employer must restore them to their same position or one with equivalent pay and benefits. In this way, the FMLA provides job security and does not penalize workers who need time off.
Situations Where You Can Request Family and Medical Leave
The law limits the situations in which an employee may request FMLA leave:
- An employee cannot work due to a serious medical or health condition.
- An employee provides care for an immediate family member with a serious medical or health condition.
- The employee makes arrangements for adoption placement or foster care.
- The employee provides care for a newborn.
- The employee needs leave to respond to an exigency related to a family member’s active duty in the Armed Services.
Some employers wrongfully deny leave, or they request an excessive amount of supporting documentation.
FAQs: Paramus Family and Medical Leave
Can my employer demote me for requesting family or medical leave?
No. An employer is prohibited from retaliating, and you may seek remedies in court if you suffer any negative employment consequences, such as demotion or termination.
What can I do if I am denied leave?
First, reach out to an attorney to see if you are eligible. If so, you have legal options for seeking relief. We can ask a judge to grant the leave. We might also request job reinstatement, back pay, or emotional distress damages, depending on the case and facts. It is critical to hold onto all communications between you and your employer.
Will the FMLA change soon?
Members of Congress regularly introduce amendments to the law. We stay on top of any changes.
Contact a Paramus Family and Medical Leave Attorney
The largest employers near Paramus are covered by the FMLA, including Bergen Regional Medical Center. Call The Law Offices of Usmaan Sleemi at 973-866-9415 to get answers to any questions you have regarding family and medical leave.