New Jersey Family & Medical Leave Act Lawyers
Aggressive Representation for Employees in Northern New Jersey
Family and medical issues can arise for any employee, regardless of where they work and the type of employment involved. These are issues that everyone experiences, from the birth of a child to a spouse or parent facing a serious health condition.
Worrying about whether you will lose your job or suffer retaliation for taking leave to handle these matters only adds further stress to an already difficult situation. Fortunately, the federal Family and Medical Leave Act (FMLA) was enacted to give you job-protected leave for such circumstances. Additionally, the New Jersey Family Leave Act provides similar and additional protections for employees throughout the state.
If your rights under the FMLA have been violated, you can seek a legal remedy with the help of our highly experienced employment law team at Green Savits. We bring over 100 years of combined professional experience to your case, including litigation experience in state and federal courts. Our firm provides one-on-one attorney-client interaction with a legal strategy tailored to your unique circumstances, needs, and objectives.
Book a consultation with a New Jersey Family and Medical Leave Act attorney at Green Savits. Call (973) 965-8571 or email us on our online contact form.
Legal Protections Under the Family and Medical Leave Act
The federal Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid leave per 12-month period:
- For the arrival of a new child, whether through birth, adoption or foster care
- To care for a family member who is suffering from a serious health condition
- To deal with the employee’s own serious health condition
Employees are entitled to several types of leave, and while on leave, they are entitled to receive the same health benefits they would have received had they been at work.
When returning from FMLA leave, employees are guaranteed to return to the same position they previously held or to an equivalent position. Employees should receive the same pay, benefits, and other terms and conditions of employment as when they left. However, employers do have the right to fire or lay off employees on FMLA leave if they would have made the same decision had the employee not taken leave.
Who Is Covered under The Family and Medical Leave Act?
The FMLA only applies to employers with 50 or more employees. Employee eligibility includes the following:
- You must have worked for a covered employer for at least 12 months.
- You must have worked at least 1250 hours for your employer during the 12 months preceding the leave
- You must have worked at a location with 50 or more employees within a 75-mile radius (requirements for the New Jersey FLA are slightly different).
- Employees who take leave to serve in the U.S. military can count the time spent on military leave toward the hours needed to become eligible for FMLA leave.
Employers can use several methods to determine whether an employee has taken 12 weeks of leave during 12 months.
They can use:
- A fixed 12-month period, such as
- A fiscal year or
- An employee’s anniversary date or
- 12 months measured backward from the date the employee uses any FMLA leave
However, whatever method the employer uses, it must use the same method for every employee.
If your employer is preventing you from exercising your right to family and/or medical leave, we urge you to discuss your case with one of our experienced attorneys to explore your options.
Consult a New Jersey Family and Medical Leave Act attorney by calling (973) 965-8571 or contacting a team member online.
What Makes Us Different
Proven Results. Experienced Team. Personal Commitment.
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A History of SuccessOur attorneys have prevailed in landmark New Jersey Supreme Court cases, making a significant impact on employment law with decisions involving issues like pregnancy and religious discrimination, whistleblower retaliation, and more.
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Experienced Trial AttorneysWith a strong reputation for success, we bring the exerience and determination necessary to fight for your rights every step of the way.
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Leadership in Employee AdvocacyOur attorneys have influenced legislation for New Jersey workers and have successfully argued in eleven New Jersey Supreme Court cases on critical issues like pregnancy discrimination, whistleblower retaliation, and sexual harassment.
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Strength in Facing Powerful OpponentsWe don’t shy away from challenging large, well-resourced corporations. Our firm has successfully taken on Fortune 500 companies like AT&T, ExxonMobil, and Pfizer, achieving justice for our clients in the face of tough opposition.
