Maternity Leave and Pregnancy Leave in New Jersey

Hackensack employment lawyers pursue denied benefits

No one is more deserving of the benefits of the Family and Medical Leave Act (FMLA) than a woman who is about to give birth or who has just brought a new child into this world. If your New Jersey employer is infringing on your right to maternity leave and pregnancy leave, the employment law attorneys at Deutsch Atkins & Kleinfeldt, P.C. in Hackensack are ready to fight for you. We also represent fathers who are seeking leave in order to bond with a new arrival and provide supportive care for mothers. We work zealously to secure the benefits of the FMLA and its state version, the New Jersey Family Leave Act (NJFLA), for all workers who qualify. 

How much maternity leave are women entitled to through FMLA?

Since 1993, the FMLA has allowed parents to take unpaid leave for the birth, adoption or foster care placement of a child. The maximum duration of FMLA leave is 12 weeks within a 12-month period. If leave is taken by a person serving in the military, maximum duration extends to 26 weeks. Leave can be taken three ways:

• One continuous, uninterrupted leave period
• Intermittent leave used in separate blocks of time
• Reduced-schedule leave, whereby the worker cuts back on hours of employment, either daily or weekly, for a period of time

Workers’ unpaid leave under the NJFLA is also limited to 12 weeks.

Eligibility requirements for maternity leave

A parent who seeks unpaid leave for reasons related to maternity must fulfill the following requirements:

• FMLA — The federal statute requires 12 months of employment and at least 1,250 hours of work in the previous 12 months. Employees are eligible if they work for public agencies, schools, and private-sector companies with 50 or more employees.
• NJFLA — The state law differs somewhat, applying to public entities and private companies with 30 or more employees. The state law requires only 1,000 hours of work during the preceding year.

The federal statute requires workers to give employers at least 30 days’ advance notice before the leave period begins.

Job security during maternity leave

The FMLA guarantees job protection, which means that at the end of your leave period, your employer must return you to your prior position. Alternatively, they must give you a substantially similar position, in which you earn equivalent pay and benefits while exercising similar responsibilities.

Common acts of pregnancy discrimination from maternity leave

No matter how clear the law, there are always some employers who violate it. They might intimidate eligible workers against going on leave or penalize them for exercising their statutory rights. 

Common examples of unlawful employer behavior are:

• Manipulating records to make workers ineligible
• Refusing requests for time off 
• Failing to restore a worker to the same or a substantially similar position
• Failing to promote a worker who takes leave
• Giving unfounded harsh performance reviews
• Terminating or laying off a worker

Retaliation by an employer is illegal under the NJFLA, so you should immediately register a complaint with your company’s HR department and then speak to an employment law attorney. 

Steps to take if you are denied maternity leave benefits

Workers should not hesitate to confront their bosses about violations of federal or state law. Our Hackensack employment litigation lawyers can take decisive action to uphold your rights, pursuing such remedies as reinstatement with back pay. The court also awards attorneys’ fees and litigation costs when workers win their FMLA cases, so pursuing your rights doesn’t have to cost you anything.

Contact our Hackensack employee rights attorney to make an appointment

Deutsch Atkins & Kleinfeldt, P.C. represents New Jersey workers who have been denied family and medical leave or have been punished for exercising that right. Please call 551-245-8894 or contact us online to schedule a consultation.