What Are Your Employee Rights Under the Federal and New Jersey Family and Medical Leave Act?

Federal Law – The Family and Medical Leave Act of 1993 (FMLA) was designed to help employees in New Jersey and throughout the U.S. take time off for family health issues without fear of losing their job. The leave is unpaid.

Eligibility Requirements: To be eligible for the leave program employees must show the following:

  • That their employer is one of the following:
    • The federal government A state government
    • A local government
    • A schools – public or private
    • A private employers that are:
      • Engaged in commerce – buying and selling
      • Have 50 or more employees for 20 calendar weeks
    • A federal employer (most situations)
  • That the employee worked for the covered employer for, at least 12 months. The 12 months need not be consecutive.
  • Have worked, at least, 1,250 hours during the 12 month period prior to the start of the the Family Leave time off
  • That the leave is for a valid reason:
    • Birth and care of new child
    • The employee is adopting or accepting foster care of a child
    • Care of a child, spouse or family member who has a serious health condition
    • Care of the employee’s own serious health condition

Vacation and Accrued Leave or Personal Days

  • Employee can elect to use this time
  • Employer may require that the employee use this time before beginning Family Leave Time.
  • If vacation or leave time is used, the total time allowed off for family or medical leave is still a total of 12 weeks maximum. The key is that vacation and accrued leave time are paid for.

Length of Time Allowed – Up to 12 weeks a year. Up to 26 weeks if the person who needs care is a member of the Armed Forces. The leave does not have to be continuous.

Health Benefits – The employer must keep the employee’s group health benefits (if the employee was a participant) at that same level during the Family Leave time off as the employee had while working.

Employer Requirements

  • Employer must post a notice notifying the employees of the FMLA benefits or pay a civil penalty.
  • Employer cannot discriminate against an employee who rightly takes family leave time off.

New Jersey Family Leave Act
The New Jersey Family Leave Act provides additional protections for New Jersey employees.

  • Parents include stepparents and parents-in-law
  • Provides for up to 12 weeks leave in a 24 month period
  • Does not allow for leave for an employee’s own disability. The disability must belong to a parent, child or spouse.

How Our Experienced Family Leave Attorney Can Help

  • We know your family leave and medical leave rights
  • We will have empathy with your medical situation
  • We can advise you on what damages you can collect if your rights are violated.
  • We know where to file your suit and what damages you can recover.

Our Firm’s Experience
The attorneys of Begelman & Orlow, P. C. have offices in Cherry Hill, New Jersey and Conshohocken, Pennsylvania. Contact our offices at 866-627-7052. We have 115 years combined experience protecting your rights. We have experience in all phases of employment law, including family leave and medical leave – both in New Jersey and throughout the United States (US).

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Over 115 Years combined experience protecting your rights New Jersey Employment Law Attorneys A Full Service Law Firm Handling Cases Across Pennsylvania and New Jersey

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