When a family faces a crisis, it’s all hands on deck. When you have to be present for a family member, you shouldn’t have to choose between your loved one and your job. Nor should you lose your job while you’re battling a serious illness. That’s why the federal government enacted the Family and Medical Leave Act, and that’s why Deutsch Atkins & Kleinfeldt, P.C. fights for workers when employers fail to follow the law. If your employer gives you trouble over exercising your federally guaranteed right to time off, it’s time to visit one of New Jersey’s largest and most successful employment discrimination law firms.
Under the FMLA, certain employees are entitled to unpaid leave if they have a “serious health condition” or need to care for a family member, such as a child, parent or spouse, who has a “serious health condition.” You qualify for the FMLA, if you have been employed for more than a year by a company with more than50 workers.
Eligible employees are entitled to take as much as 12 weeks off, either intermittently in separate spans of days, weeks or even hours or consecutively. Unless your company policy provides otherwise, your family or medical leave is unpaid.
At the expiration of a family or medical leave, employees are entitled to return to their former positions or equivalent positions, unless they would otherwise have lost their jobs in connection with a reduction in the workforce or a previously made decision to terminate them based upon poor performance or misconduct discovered during their FMLA leave. The 12-week job protection is not absolute.
Employers may have to pay economic damages if they interfere with an employee’s FMLA rights or retaliate against an employee for exercising those rights. Retaliation is any adverse job action, such as termination, denial of a promotion or assignment to duties that could be perceived as punishment.
To determine if your employer violated your FMLA rights and to pursue compensation, you need the help of an experienced employment lawyer. Deutsch Atkins & Kleinfeldt, P.C. is one of New Jersey’s largest and most highly regarded employee rights law firms. We can help if your FMLA rights have been violated. If you have been terminated in violation of your FMLA rights, we can protect your rights and maximize your compensation. For a consultation with Deutsch Atkins & Kleinfeldt, P.C., call 551-245-8894 or contact us online.