Employees in Atlantic City, NJ, are entitled to protected leave under both the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA). If your employer is interfering with your right to take leave or retaliating against you for using it, you may have grounds for legal action.
NJ Employment Lawyers, LLC provides legal guidance to employees throughout New Jersey, including those in Atlantic City, who are facing issues related to medical or family leave. These laws are designed to protect your job and health benefits while you care for your own health or the health of a loved one, recover from childbirth, or bond with a new child.
If you’ve been discouraged from taking leave, denied time off, or faced retaliation—such as demotion, discipline, or termination—after requesting FMLA or NJFLA leave, our attorneys can help enforce your rights.
Understanding FMLA and NJFLA Eligibility and Scope
FMLA Protections:
The Family and Medical Leave Act provides eligible employees with up to 12 workweeks of unpaid leave within a 12-month period. During this time, your job is protected, and your employer must maintain your group health insurance under the same terms as if you were still working.
You are eligible if:
- You’ve worked for your employer for at least 12 months
- You’ve logged at least 1,250 hours in the past year
- Your employer has at least 50 employees within 75 miles of your worksite
Covered reasons for leave include:
- Birth and care of a newborn child
- Adoption or foster placement of a child
- Care for a spouse, child, or parent with a serious health condition
- Your own serious health condition that prevents you from working
NJFLA Protections:
The New Jersey Family Leave Act grants up to 12 weeks of job-protected leave in a 24-month period. Unlike FMLA, NJFLA does not cover leave for your own medical condition. Instead, it applies to:
- Care of a child (including newborn, adopted, or placed in foster care)
- Care for a parent, spouse, domestic partner, or civil union partner with a serious health condition
You’re covered under NJFLA if:
- You’ve worked for your employer for at least 12 months
- You’ve worked at least 1,000 hours in the last 12 months
- Your employer has at least 50 employees worldwide
Employer Violations and Legal Action
If your employer denies leave you are legally entitled to, refuses to restore you to your previous position, or takes disciplinary action for using protected leave, this may be a violation of federal or state law. These violations can include:
- Failing to notify you of your rights
- Requiring you to work during your leave
- Terminating or retaliating against you after taking leave
- Misclassifying your leave as unapproved or unauthorized
Legal Support for Atlantic City Employees
NJ Employment Lawyers, LLC helps Atlantic City workers pursue claims when their FMLA or NJFLA rights are violated. We analyze your employment history, determine eligibility, and take action to challenge illegal conduct. This can include negotiating reinstatement, seeking compensation for lost wages, or filing legal claims against your employer.
If you believe your right to family or medical leave has been denied or you’re facing retaliation after requesting time off, contact our legal team for a consultation. We’ll evaluate your situation and guide you through your options under federal and state leave laws.
Employees in Atlantic City, NJ, are protected under the federal Family and Medical Leave Act (FMLA), which provides job security and continued health coverage during qualifying periods of unpaid leave. If you’re eligible under the law, you have the right to take leave for specific family and medical circumstances without risking your position.
Valid Reasons for Taking Leave Under FMLA
Under FMLA, qualifying reasons for leave include:
- Caring for a newborn child following birth
- Bonding with a child newly adopted or placed in foster care
- Providing care for a spouse, child, or parent with a serious health condition
- Managing your own serious health condition that prevents you from performing essential job functions
- Handling qualifying needs related to a spouse, child, or parent’s active military duty or deployment
These rights are not optional for employers. If your situation falls under one of these categories and you meet the eligibility criteria, your employer is legally required to provide protected leave.
FMLA vs. NJFLA: Key Differences
Although FMLA and the New Jersey Family Leave Act (NJFLA) both offer leave protections, their scope differs in important ways:
- Self-care: FMLA covers an employee’s own serious health condition. NJFLA does not. If you’re dealing with a medical issue and cannot perform your job, FMLA may be your only legal option for leave.
- Family members covered: NJFLA includes additional family relationships that FMLA does not. For example, NJFLA permits leave to care for a parent-in-law, which FMLA does not recognize. However, NJFLA does not apply to in-state siblings, grandparents, or for an employee’s own health needs.
Understanding the distinctions between these laws is critical when requesting leave. NJ Employment Lawyers, LLC helps Atlantic City employees determine which protections apply to their situation and ensures employers meet their legal obligations. If you’re unsure whether your leave qualifies—or you’ve been denied leave unfairly—legal assistance is available.
Certain medical conditions qualify employees in Atlantic City, NJ, for protected leave under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), provided eligibility requirements are met. Not all health issues meet the legal threshold—covered conditions must involve serious health concerns that interfere with the ability to work or require care for a close family member.
Medical Conditions That May Qualify for Leave
To qualify under FMLA or NJFLA, the condition must fall into one of the following categories:
- Inpatient treatment in a hospital, hospice, or residential care facility
- Ongoing treatment following a period of incapacity lasting more than three days
- Pregnancy and related prenatal care, including complications and recovery from childbirth
- Chronic conditions such as asthma, diabetes, or epilepsy that require recurring medical attention
- Permanent or long-term health conditions requiring supervision, such as Alzheimer’s or terminal illness
- Multiple treatments (e.g., chemotherapy, physical therapy, surgery) for a condition that would otherwise lead to incapacity
Employers are permitted to ask for a certification from a healthcare provider to verify the need for leave, but they cannot demand access to full medical records or use the request for leave against you. Retaliation for exercising your legal rights is strictly prohibited under both FMLA and NJFLA.
If You Faced Retaliation for Taking Leave
Workers in Atlantic City who take qualifying leave are entitled to job restoration and continuation of group health benefits. If your employer penalized you for requesting or using protected leave—by terminating your employment, reducing your benefits, or demoting you—you may have a legal claim.
Common violations include:
- Denying a leave request despite clear eligibility
- Firing or disciplining an employee after they return from leave
- Cutting off health insurance during the leave period
- Threatening job loss to prevent an employee from requesting leave
Legal Representation for Family Medical Leave Violations
NJ Employment Lawyers, LLC helps Atlantic City employees enforce their rights when employers violate FMLA or NJFLA. Our attorneys investigate leave denials, review employer communications, and determine whether your situation qualifies for legal action. We often resolve disputes through negotiation, but we are prepared to take legal action when necessary to recover lost wages, restore employment, and secure damages for unlawful retaliation.
Talk to an FMLA/NJFLA Attorney Serving Atlantic City
If you were denied leave, punished for using it, or lost benefits while on protected time off, contact NJ Employment Lawyers, LLC. We work with employees across Atlantic City and throughout New Jersey to enforce leave protections under state and federal law. Our team can help you pursue compensation and hold your employer accountable for violating your rights.