Understanding Your Rights Under the FMLA and NJFLA in Atlantic County
The Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) provide critical job protections for employees who need time off to care for their own health or the health of a family member. If your employer has interfered with your right to take leave or retaliated against you for doing so, legal guidance is essential.
Legal Support for Medical Leave Issues
NJ Employment Lawyers, LLC advises employees across New Jersey, including Atlantic County, on their rights under the FMLA and NJFLA. These laws apply to a range of situations—such as caring for a new child, dealing with serious medical conditions, or supporting a family member with health challenges. If you’re dealing with denied leave, retaliation, or pressure from your employer, our team is ready to help.
Key Protections Under the FMLA and NJFLA
FMLA allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period, while NJFLA allows up to 12 weeks in a 24-month period. Although neither law guarantees paid leave, both require employers to protect your job and continue your group health insurance during your absence.
To qualify for FMLA, you must:
- Have worked for the employer for at least 12 months,
- Worked at least 1,250 hours in the past year,
- Be employed at a worksite with 50 or more employees within a 75-mile radius.
For NJFLA eligibility, you must:
- Have 12 months of employment with the employer,
- Worked at least 1,000 base hours in the prior 12 months,
- Work for an employer with 50 or more employees worldwide.
Valid Reasons to Take Medical Leave
Employees in Atlantic County may use FMLA or NJFLA leave for:
- The birth or adoption of a child,
- Bonding with a newborn or adopted child,
- Providing care for a seriously ill spouse, child, or parent,
- Managing their own serious health condition,
- Handling qualifying needs related to a family member’s military service.
What Conditions Are Covered?
A serious health condition under FMLA or NJFLA includes:
- Inpatient care or ongoing treatment by a health care provider,
- Conditions causing incapacity for more than three days with continued treatment,
- Pregnancy or prenatal care,
- Chronic, long-term, or terminal illnesses,
- Multiple treatments for conditions likely to cause long-term disability if untreated.
NJFLA also allows leave to care for a parent-in-law—an important distinction from FMLA.
Documentation and Employer Limitations
Employers may request medical certification but cannot demand your full medical records. They are also prohibited from retaliating against you for asserting your rights under FMLA or NJFLA.
Has Your Employer Violated Your Medical Leave Rights?
If your job or benefits were threatened after taking protected leave, you may have grounds for legal action. Remedies can include job reinstatement, lost wages, or damages. NJ Employment Lawyers, LLC has extensive experience resolving FMLA and NJFLA disputes through negotiation or litigation.
Protecting Employee Rights in Atlantic County
We help employees throughout Atlantic County stand up to unlawful leave denials and retaliation. If your employer has interfered with your right to take medical or family leave, contact NJ Employment Lawyers, LLC. We’ll review your situation and guide you through the next steps to enforce your rights.