The federal Family and Medical Leave Act (FMLA) is a law that requires employers with at least 50 employees to provide up to 12 weeks per year of time off for employees facing certain situations. In addition, if you work for an employer with 50 or more employees in New Jersey, you are also protected by our state Family and Medical Leave Act. It is important to note that time taken under the NJ FMLA is unpaid, however, the NJ Paid Leave Insurance may provide partial payments for up to six weeks of the time off per year. The following is some additional information about FMLA in New Jersey.
Who is Eligible for FMLA time?
In order to be eligible for FMLA, you must meet the following criteria:
- Work for a company that employs at least 50 people within a radius of 75 miles
- Have worked for your employer for at least one year
- Worked a minimum of 1,250 hours in the past year
In addition, you may only take FMLA time for certain reasons, which include:
- Serious injury or illness
- Childbirth or issues related to pregnancy
- Adoption of a child
- Caring for a family member with a serious injury or illness
- Dealing with issues related to the active military duty of a family member
- Caring for a military member who has been injured on active duty
If you are eligible for FMLA and have a qualifying reason, your employer is required by law to approve your time off and hold your job for you when your return.
Unlawful FMLA Retaliation
In addition to leave availability, FMLA laws also protect you from retaliation from your employer because you requested time off. While an employer may not fire you, they may try to transfer you to a less desirable position, demote you, or otherwise treat you unfavorably because they are upset you used FMLA time. Any kind of adverse employment action in response to FMLA time is also against the law.
Contact an Experienced New Jersey Employment Lawyer for Help Today
If you believe that your employer has violated the NJ Family and Medical Leave Act or has retaliated against you in some way because you requested or used FMLA time, you should not wait to discuss your situation with an experienced employment law attorney who understands FMLA laws. David H. Kaplan Attorney at Law has protected the rights of many employees, so please call our office today at 973-426-0021 for more information about our employment law services.