If you’ve ever needed to take time off work for a serious health issue, the birth of a child, or to care for a sick family member, you may have asked yourself: Am I protected from being fired while I’m out?
In many cases, the answer is yes, thanks to a federal law known as the Family and Medical Leave Act (FMLA). But not everyone qualifies, and not every employer follows the law.
Here’s what New Jersey employees should know about their rights under the FMLA, and what to do if those rights are denied or violated.
What Is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. While on FMLA leave, an employee is entitled to:
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Continued health insurance coverage under the employer’s group plan
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Reinstatement to the same or a substantially equivalent position upon return
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Protection from termination, demotion, or retaliation for taking leave
However, the law only applies to employees and employers who meet specific criteria.
Who Is Eligible for FMLA Leave?
To qualify for FMLA leave, the following three conditions must be met:
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The employer has 50 or more employees within a 75-mile radius;
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The employee has worked for the employer for at least 12 months; and
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The employee has worked at least 1,250 hours in the 12 months preceding the leave.
If you work for a small business or are relatively new in your position, you may not be eligible for FMLA leave. However, New Jersey offers additional protections that may still apply.
What Types of Leave Are Covered?
FMLA leave can be used for:
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The birth of a child, adoption, or placement of a foster child
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Caring for a spouse, child, or parent with a serious health condition
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The employee’s own serious health condition
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Certain circumstances related to a family member’s military service
Leave can be taken all at once or intermittently, such as a few days or hours at a time, depending on medical need.
Common FMLA Violations
Employers do not always comply with their FMLA obligations. Some of the most frequent violations include:
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Denying FMLA leave despite eligibility
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Failing to inform employees of their rights under the FMLA
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Retaliating against employees for taking or requesting leave
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Terminating employees while they are on protected leave
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Refusing to reinstate employees to their position after leave
These actions may give rise to a legal claim for reinstatement, lost wages, and other damages.
What to Do If Your Rights Are Violated
Employees whose FMLA rights are violated may be entitled to the following relief:
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Reinstatement to their former position
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Back pay, including lost wages and benefits (or Front pay when reinstatement isn’t possible)
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Attorneys’ fees and costs
Additional Protections Under New Jersey Law
Even if you are not eligible for leave under the federal FMLA, New Jersey law may still provide significant protections:
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New Jersey Family Leave Act (NJFLA): This state law allows eligible employees to take up to 12 weeks of job-protected leave in a 24-month period to care for a seriously ill family member or to bond with a newborn or newly placed child. Unlike the FMLA, the NJFLA does not cover an employee’s own medical condition. It applies to care for a child, parent, spouse, civil union partner, or other covered family member.
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New Jersey Law Against Discrimination (NJLAD): NJLAD prohibits employers from taking adverse actions, such as firing, demoting, or refusing accommodations, based on protected characteristics, including pregnancy, disability, and certain medical conditions. In many cases, NJLAD can require employers to provide reasonable accommodations such as medical leave or modified duties.
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Temporary Disability Insurance (TDI): TDI provides partial wage replacement to employees who are unable to work due to their own non-work-related illness, injury, or pregnancy.
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Family Leave Insurance (FLI): FLI offers wage replacement benefits for employees who need time off to bond with a newborn or adopted child or to care for a seriously ill family member. It often runs concurrently with leave under the NJFLA, where applicable.
These state programs and laws can provide broader or complementary protections compared to the FMLA, especially for employees at smaller companies or those who haven't yet met federal eligibility requirements.
Consult an Employment Lawyer
If your employer denied your medical leave, retaliated against you for taking time off, or terminated you while you were out on leave, you may have a legal claim under federal or state law.
Our firm regularly represents employees across Northern New Jersey in employment law matters involving wrongful termination, discrimination, and retaliation. We can help determine whether your rights were violated and explain your legal options.
If you believe your rights under the FMLA or any related New Jersey leave laws have been violated, our attorneys are here to help you understand your options and take action. Anyone with questions should feel free to reach out to Mark Semeraro, Scott Fahrney, or any other qualified Employment Law Attorney at Semeraro & Fahrney, LLC for a confidential consultation.
Mark J. Semeraro, Esq.
Managing and Founding Partner
msemeraro@semerarolaw.com
Dustin F. Glass, Esq.
Partner
dglass@semerarolaw.com
Stephen G. Piccininni, Esq.
Associate
spiccininni@semerarolaw.com
