Family Medical Leave Act/ New Jersey Leave Act
Both state and federal law provide employees with certain protections when they are in need of leave due to medical conditions. The Family Medical Leave Act or “FMLA” requires employers to provide employees who qualify with up to twelve (12) weeks of leave in order to care for a serious health condition of a family member or on account of their own pregnancy.
The New Jersey Leave Act or “NJLA” requires employers to provide employees who qualify with up to twelve (12) weeks of leave in order to care for their own serious health condition, including pregnancy, as well as the serious health condition of a family member.
In order to qualify for this protection, the employer needs to have had a certain number of employees and the employee will need to report a certain number of hours in the preceding year to be eligible. If the employee qualifies for leave, the employer is generally prohibited from terminating an employee while they are out on leave or retaliating against an employee because they took leave. Employers are also required to return the employee to their position or a comparable position upon their return from leave under most circumstances.
There are many complicated issues that arise when an employee has requested or taken leave under the FMLA or the NJFLA that determine whether the employer has complied with their legal obligation and whether the employee has been afforded the legal protections that they are entitled to receive.
To speak with an experienced New Jersey Employment Law Attorney, contact the Law Offices of Gregory S. Schaer, LLC, conveniently located in Monmouth County, New Jersey.