The 1994 Family and Medical Leave Act gives employees facing personal crises of various kinds access to important benefits. In most cases, if the employee is eligible, these benefits are almost there for the asking. Largely for this reason, many employers look for any loophole possible to deny or limit FMLA benefits. Other employers are simply unaware of relevant provisions, mostly because New Jersey’s version of this federal law is unusually broad. More on that below.
Regardless of the reason for FMLA benefits opposition, the dedicated Paterson, NJ Family Medical Leave Act lawyers at HKM stand up for your interests and are a strong voice for your viewpoints. This combination helps ensure that your story is told and that you receive the FMLA benefits you are legally entitled to. Our dedicated lawyers have such a strong reputation that they often resolve FMLA claims quickly and on victim-friendly terms.
Understanding the Family and Medical Leave Act (FMLA)
The Family and Medical Leave Act is a federal law that allows eligible employees to take up to twelve weeks of unpaid, job-protected leave within a twelve-month period for qualifying family or medical reasons. These include:
- A serious health condition that prevents you from working,
- Caring for a spouse, child, or parent with a serious health condition,
- Pregnancy, childbirth, and bonding with a newborn,
- Adoption or foster care placement, and
- Certain military-related family needs.
Additionally, the worker must have logged at least 1,250 hours in the past year (which works out to roughly twenty-five hours per week), and the employer must have 50 or more employees within a 75-mile radius. Significantly, that branch office could be across state lines.
While the leave is unpaid, the law requires that your employer maintain your health insurance and other benefits during this leave time. Furthermore, the law guarantees restoration to the same or an equivalent position when you return.
The twelve weeks of unpaid leave are available on a rolling basis. Many people with serious illnesses or injuries have good days and bad days. As long as they comply with relevant requirements, these and other protected workers may conserve their strength on bad days by invoking FMLA benefits.
Rolling FMLA leave also allows protected employees to come in late or leave early to address the aforementioned needs.
Because of all these benefits, the law is complex. A knowledgeable Paterson FMLA attorney determines whether you qualify and whether your employer is complying with the law.
Common FMLA Violations by Employers
Quite simply, companies lose money when their employees miss work, either due to a loss of efficiency or the expense of hiring a substitute. So, employers in Paterson and throughout New Jersey frequently violate the FMLA in subtle and not-so-subtle ways. Common violations include:
- Denying valid FMLA leave,
- Firing or demoting an employee for taking leave,
- Reducing hours or pay after returning from leave,
- Interfering with or discouraging FMLA use, and
- Retaliating against employees who request leave.
If your employer punished you for taking or requesting medical leave, you may have a strong legal claim. An experienced FMLA lawyer in Paterson, NJ, can help you pursue compensation and reinstatement.
FMLA Retaliation and Wrongful Termination
One of the most serious FMLA violations is retaliation. It is illegal for an employer to take adverse action against you because you exercised your FMLA rights. Retaliation can include:
- Termination or Layoff: Employers often claim that FMLA-related terminations and layoffs were based on unrelated matters. A Paterson, NJ Family Medical Leave Act lawyer exposes these “neutral” terminations for what they really are and holds employers responsible for their misconduct.
- Negative Performance Reviews: Most performance reviews take attendance issues into account, and rightfully so. However, since FMLA leave is federally protected leave that’s akin to disability leave, any related attendance issues cannot be used against a worker.
- Loss of Promotions or Opportunities: To prove this retaliation, HKM lawyers often compare employees who did not claim FMLA leave with employees who needed such leave. If a disproportionate number of employees from category A received promotions or business opportunities, something may be amiss in that organization.
If you were fired after taking medical leave, contact a Family and Medical Leave Act lawyer in Paterson, New Jersey, immediately. These cases are time-sensitive, and evidence can disappear quickly.
Preemptive actions are likewise illegal. Employers often discourage employees from taking FMLA leave, frequently by lying to them about eligibility or threatening retaliatory action.
One of the most common lies involves the aforementioned employer size requirement. Many employers disguise the name and ownership of branch offices or intentionally misclassify employees as independent contractors in order to skirt the law. Any subtle threat against people who consider FMLA leave, including a pattern of prior retaliatory conduct, could be illegal as well.790
Additional Protections Available for New Jersey Employees
Family Medical Leave Act benefits are just the beginning for qualifying employees in New Jersey. Other applicable laws include:
- New Jersey Family Leave Act (NJFLA): This law gives eligible employees job-protected leave to care for family members or bond with a new child. Covered employees may take up to 12 weeks of unpaid leave within a 24-month period. NJFLA applies to employers with 30 or more employees worldwide and protects workers who have been employed for at least 12 months and worked 1,000 hours in the prior year.
- New Jersey Temporary Disability Benefits Law: This FMLA/workers’ compensation hybrid replaces lost wages for employees who are unable to work due to a non–work-related illness, injury, pregnancy, or recovery from childbirth. Eligible workers may receive cash benefits for up to 26 weeks.
- New Jersey Family Leave Insurance (FLI): Employees who take time off to bond with a new child or care for a seriously ill family member may receive cash benefits for up to twelve weeks (or 56 nonconsecutive days), replacing a portion of their weekly wages up to a state-set maximum. FLI is funded through employee payroll deductions and applies regardless of employer size.
These laws may apply even if your employer is not covered by the FMLA or if you do not meet federal eligibility requirements. A local Paterson FMLA lawyer understands how state and federal laws interact and can maximize your protection.
Why You Need a Family Medical Leave Act Lawyer in Paterson, NJ
FMLA cases are more complex than they appear. Employers often claim that an employee was fired for “performance” or “attendance” issues unrelated to leave. An experienced Family Medical Leave Act attorney in Paterson can:
- Investigate your employer’s actions,
- Gather medical and employment records,
- Identify retaliation or interference,
- File complaints with the U.S. Department of Labor,
- Negotiate settlements or file lawsuits, and
- Seek back pay, lost benefits, reinstatement, and damages.
We should also mention that employers also have rights under the FMLA and many associated state laws. For example, many employers may demand medical or other documentation supporting the leave request. Sometimes, they may request such documentation on an ongoing basis. A Paterson, NJ Family Medical Leave Act lawyer stands up for employees when employers overstep their limits in such areas.
Connect With a Dedicated Passaic County Lawyer
Paid and unpaid medical leave helps employees be more productive at work. For a confidential consultation with an experienced Family Medical Leave Act lawyer in Paterson, contact HKM Employment Attorneys LLP. The sooner you reach out to us, the sooner we start working for you.
