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FMLA Frequently Asked Questions

If you become ill, become pregnant, or have a family member who is sick, one of your major concerns may be what will happen to your job if you have to miss work. Fortunately, legislators in the U.S. and in New Jersey have recognized that the need to take time off of work for medical or family reasons may occur and that you do not deserve to lose your job as a result. For this reason, the Family and Medical Leave Act (FMLA) sets out specific rights for certain employees. The following are some FAQs regarding FMLA.

What does FMLA provide?

FMLA provides up to 12 weeks of time off per 12-month period of time during which you cannot be terminated for taking time off. In order to take leave with proper job protection, you must be covered under FMLA laws and you must have a qualifying reason to take leave.

Who is eligible?

Unfortunately, not every employee is covered under FMLA laws. First, you must have been working for the same employer for at least one year. In addition, the law requires that you provided at least 1,250 hours of service within the past year to that employer. Finally, your employer must have at least 50 employees at your location to have to follow FMLA laws.

What are qualifying reasons for FMLA?

Not any sickness or reason will allow you to have job protection under FMLA. For example, having a cold will not be a sufficient reason to take leave under FMLA. Instead, one of the following must apply:

  • A serious medical condition that makes you unable to work;
  • A spouse, parent, or child (must be a member of your immediate family) who requires care due to a serious medical condition;
  • Having a baby and taking time after the birth to bond with your baby;
  • Adopting a child and taking time to bond with your child;
  • For specific circumstances involving the active military duty of a spouse, parent, or child, such as deployment;
  • To care for a seriously injured or ill family member after military service (can take up to 26 weeks in this situation).

Will I be paid for my time off?

Unfortunately, FMLA only allows for unpaid leave. Some employers may provide a certain amount of paid leave, however, they are not required to pay you.

Call 973-426-0021 today for a free consultation.

If you have any questions about FMLA or believe your rights under employment laws have been violated, please call a New Jersey employment law attorney for help today. Call David H. Kaplan Attorney at Law to discuss your situation.