Balancing your health and family responsibilities while maintaining employment is a challenge many face. Fortunately, workers in Hamilton Township have legal rights that ensure job protection during times of personal or family medical need. Understanding these rights under the Family and Medical Leave Act (FMLA) and New Jersey’s own leave laws can help you protect your employment and care for your loved ones without fear of retaliation.
What Is the Family and Medical Leave Act (FMLA)?
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific family or medical reasons. These reasons include:
- The birth and care of a newborn child
- Adoption or foster care placement
- Caring for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition that prevents them from working
- Certain needs related to a family member’s military deployment
Am I Eligible for FMLA Leave?
You may be eligible for FMLA leave if:
- You’ve worked for your employer for at least 12 months
- You’ve worked at least 1,250 hours over the past 12 months
- Your employer has 50 or more employees within 75 miles of your worksite
If you meet these requirements, your employer must allow you to take leave for qualifying reasons and must return you to the same or an equivalent position when you return.
New Jersey Family Leave Laws
In addition to federal FMLA protections, New Jersey workers benefit from the New Jersey Family Leave Act (NJFLA). While similar to FMLA, NJFLA specifically allows employees to take leave to care for family members—not for their own medical condition. This law can sometimes provide additional or overlapping protection beyond the federal law.
Your Rights While on Leave
During approved FMLA or NJFLA leave, you are entitled to:
- Continued health insurance coverage under the same terms as if you had not taken leave
- Protection from job loss
- Freedom from retaliation or interference from your employer
Your employer cannot use your leave as a reason to fire, demote, or penalize you in any way.
What If Your Rights Are Violated?
If your employer denies you leave, terminates you while on leave, or retaliates against you for requesting leave, they may be in violation of state and federal laws. These violations could entitle you to reinstatement, back pay, compensatory damages, and more.
Speak with a Hamilton Township Employment Lawyer
Castronovo & McKinney, Employment Law Attorneys represent employees in Hamilton Township who have been denied their right to family or medical leave. Their experienced legal team will review your situation, explain your rights, and take swift legal action if your employer has broken the law.
Whether you need help obtaining leave, challenging a wrongful termination, or negotiating with HR, Castronovo & McKinney is here to advocate for you.
Contact Castronovo & McKinney, LLC Today
Don’t let fear or confusion stop you from protecting your health and your family. If you’ve been denied leave or treated unfairly for using it, contact our team today.
New Jersey Office
71 Maple Ave
Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office
420 Lexington Avenue, Suite 1830
New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
