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Some Aspects of the Family and Medical Leave Act

Most workers know that legal protections exist for those who must take a leave from their job because of major life events such as having a child or needing to care for an extremely ill family member. However, the details of how the law may apply to your particular situation can be difficult to understand. The law that applies in these situations, the Family and Medical Leave Act, (FMLA) is an important law that can help workers in their time of need.

The FMLA grants up to 12 work weeks of unpaid leave to an employee during a 12 month period for reasons that include the following:

  • The birth of a child
  • The care of a newborn within one year of birth
  • Adoption and foster care placement within one year of birth
  • Needed care of a spouse, child or parent with a serious health problem
  • Leave when an employee is unable to work
  • Qualifying exigency of certain covered military members (and up to 26 workweeks of leave in a year for care of certain service members with a serious injury or illness).

Eligibility requirement

To be eligible for coverage under the FMLA, an employee must meet the following requirements:

  • The employee must show employment by the same employer for the previous 12 months
  • The employee must show employment of at least 1,250 hours in the previous 12 months
  • The employee must be employed by a covered employer.

A skilled attorney who handles FMLA cases on a regular basis can help you resolve any issues that arise out of enforcement of your rights.

Neil  H.  Deutsch Attorney Photo
Neil H. Deutsch
Retired

About Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for…

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Bruce L. Atkins
Senior Partner

About Bruce L. Atkins is regarded as one of New Jersey’s premier practitioners of employment and civil litigation. He has been selected to the New Jersey Super Lawyers prestigious list every year since 2005.  This honor, bestowed upon a recipient by the votes of his peers, is a powerful nod to the skill Mr. Atkins…

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Adam J. Kleinfeldt
Partner

About Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015.  He primarily represents individuals in employment litigations such as discrimination, retaliation, and whistle blowing matters.  He has extensive experience in all phases of the litigation process. Adam has obtained significant results for some of his clients, including a $525,000 jury verdict…

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Diane Englander Peyser
Attorney

About Diane Englander Peyser joined Deutsch Atkins & Kleinfeldt, P.C. in September 2018 where she represents employees in wrongful termination, retaliation, harassment, and discrimination matters. Prior to joining Deutsch Atkins & Kleinfeldt, P.C., Diane represented clients in all aspects of employment law on behalf of employees involving unemployment appeals, claims of sexual harassment, LGBT discrimination,…

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Debra M. McGarvey
Attorney

About Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA),…

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