Leaves of Absence from Employment in New Jersey

Hackensack discrimination lawyer protects employee rights

Life is unpredictable. An emergency can arise out of nowhere, demanding that you take time off from work. Fortunately, if your circumstances qualify, you can take unpaid leave and rest secure that your job is protected. Federal and New Jersey laws guarantee 12 weeks of unpaid leave for qualifying workers. However, not every boss is accommodating when workers seek to tap into those benefits. If your New Jersey employer interferes with your taking of leave or punishes you for taking it, the employment law attorneys at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack can provide the legal assistance you need to assert your rights.

Under what circumstances can employees take a leave of absence under the FMLA?

There are four situations in which an eligible worker can take unpaid leave under the federal Family and Medical Leave Act (FMLA):

• Personal condition — The worker needs to address their own serious health issue.
• Family member’s serious health condition — Relatives who qualify you for leave include your spouse, child or parent.
• New child in your home — A parent can take leave for the birth, adoption or foster care placement of a child, to allow time for bonding and care.
• Military-related exigencies — Workers may take leave for reasons related to a family member’s military service, such as deployment overseas or a serious illness or injury. 

Many companies will count accrued paid time off concurrently with unpaid FMLA leave. Unfortunately, the law doesn’t protect you from an employer’s policy to requiring you to exhaust those paid days off. If you don’t want to use paid time off in this way, you might be able to negotiate with your employer. 

The Family and Medical Leave Act requirements

To take leave under the FMLA, your employer must be covered and your work history must qualify, as follows:

• Employer — Private-sector employers must have had 50 or more workers within a 75-mile radius, for at least 20 workweeks in the last year. The FMLA covers all public agencies, including local, state, and federal employers, as well as private elementary and secondary schools, regardless of the number of employees.
• Employee — An employee must have worked for the covered employer for at least 12 months, though not necessarily consecutively. The worker must have served a minimum of 1,250 hours during the 12 months prior to the start of FMLA leave. 

By contrast, the NJFLA covers private employers with 30 or more workers and only requires 1,000 hours of work during the preceding year.

Workers who request leave must give 30 days’ advanced notice and provide necessary medical certification for the circumstances necessitating their leave.

Common FMLA violations by employers

Employers can violate workers’ FMLA rights in a number of ways, including:

• Failing to recognize a legitimate FMLA request or medical condition
• Requiring too much advance notice
• Harassing employees
• Expecting employees to work from home
• Failing to reinstate employees in similar positions
• Punishing employees upon return to work

If your boss interferes with your rights, you should quickly contact a NJ employment lawyer.

Protections from job loss, retaliation, and discrimination after a leave of absence

Both the federal and state family leave statutes protect workers from loss of job, retaliation, and discrimination due to a leave. Your boss must allow you to return to your same job or a substantially similar position at the same pay with similar status. Any mistreatment could be seen as unlawful retaliation for the exercise of a protected right. 

Contact our Hackensack FMLA rights attorneys to make an appointment

Deutsch Atkins & Kleinfeldt, P.C. represents New Jersey workers in disputes over family and medical leave benefits. To learn your rights, call 551-245-8894 or contact us online to schedule an FMLA consultation.