The federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) protect employees who need time off for serious health conditions, childbirth, or to care for family members. If your employer is denying your right to take leave or retaliating against you for doing so, legal help is available.
NJ Employment Lawyers, LLC advises employees across New Jersey, including Egg Harbor Township, on enforcing their rights under FMLA and NJFLA. These laws grant eligible employees job-protected leave while maintaining health benefits. They are especially important for new parents, those dealing with serious personal health conditions, or employees caring for a family member with medical needs.
If you’re being penalized or denied your rightful leave, our attorneys can step in. We’re prepared to assess your eligibility, address employer misconduct, and pursue action if your rights have been violated.
Key Legal Protections Under FMLA and NJFLA
- FMLA: Provides up to 12 workweeks of unpaid, job-protected leave in a 12-month period. Applies to employees who:
- Have worked for their employer for at least 12 months
- Have logged at least 1,250 hours in the past year
- Work at a location with 50 or more employees within a 75-mile radius
- NJFLA: Offers up to 12 workweeks of leave in a 24-month period. Covers:
- Employees with at least 12 months of service
- Those who have worked a minimum of 1,000 hours in the last 12 months
- Employers with 50 or more employees worldwide
Unlike FMLA, NJFLA does not allow leave for an employee’s own medical condition—it’s intended for care of a family member or a new child.
Whether you’re being discouraged from taking leave, denied benefits, or facing retaliation for requesting time off, NJ Employment Lawyers, LLC is here to help. We represent clients in Egg Harbor Township and throughout New Jersey in holding employers accountable under state and federal leave laws.
Permitted Reasons for Taking Family Medical Leave
Under the federal Family and Medical Leave Act (FMLA), eligible employees in Egg Harbor Township are entitled to take unpaid, job-protected leave for specific family and medical reasons, including:
- Caring for a newborn child following birth
- Bonding with a newly adopted child or one placed in foster care
- Providing care for a spouse, child, or parent with a serious health condition
- Managing their own serious health condition that affects their ability to work
- Responding to qualifying needs related to a family member’s military deployment
These protections are designed to give workers the ability to handle major life events without fear of losing their job or health benefits.
Differences Between FMLA and NJFLA
FMLA and the New Jersey Family Leave Act (NJFLA) overlap in some ways but have key differences:
- FMLA does not cover care for in-laws, siblings, or grandparents.
- NJFLA does extend coverage to care for a parent-in-law, making it broader in certain caregiving situations.
- FMLA allows leave for an employee’s own health condition; NJFLA does not.
Medical Conditions That Qualify for Leave
To be covered under either law, the health condition must meet specific legal definitions. Qualifying situations include:
- Inpatient care in a hospital, hospice, or residential medical facility
- A period of incapacity lasting more than three consecutive days and requiring ongoing treatment
- Pregnancy or prenatal medical needs
- Chronic health conditions requiring periodic treatment
- Long-term or terminal conditions requiring ongoing supervision
- Multiple treatments for a condition that would lead to incapacity without care
Employers can request a medical certification from a health provider, but they cannot demand full medical records. Any attempt to retaliate against an employee for requesting or taking leave is prohibited by law.
Were Your Job or Benefits Jeopardized After Taking Family Medical Leave?
If your employer retaliated against you for taking family or medical leave—whether by threatening your job, cutting your benefits, or denying a rightful return to work—you may have a legal claim.
Under the Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), eligible employees are entitled to take protected leave without risking their position or healthcare coverage. Violations of these protections can result in serious liability for employers, including reinstatement, back pay, and additional damages.
At NJ Employment Lawyers, LLC, we represent workers in Egg Harbor Township who have experienced:
- Denial of legally entitled leave
- Termination or demotion after taking FMLA/NJFLA leave
- Loss of health insurance during or after protected leave
- Retaliation or threats for requesting time off
We evaluate the facts of each situation and build strong legal strategies to hold employers accountable. Many disputes can be resolved through negotiation or mediation. But when that fails, we are ready to litigate aggressively to enforce your rights.
Talk to an FMLA/NJFLA Attorney in Egg Harbor Township
If your employer failed to honor your rights under FMLA or NJFLA, you may be entitled to compensation or reinstatement. Our team has deep knowledge of both laws and a strong track record of representing employees across New Jersey.
Contact NJ Employment Lawyers, LLC to discuss your case. We help workers in Egg Harbor Township fight back against FMLA violations and employer retaliation.