Protecting Your Job While You Take Care of Your Family
The federal Family and Medical Leave Act (FMLA) and similar protections in many states were intended help employees keep their jobs when they must take medical leave or attend to a major family event like the birth of a child or the care of an aging parent. Unfortunately, there are many misconceptions about what the law really does, and there are many employers who disregard even when they should know better.
At Zatuchni & Associates, our experienced employment law attorneys can explain to you in clear terms how the family leave law applies to you − and help you enforce your rights under it. Contact us today to schedule a consultation. We serve clients in New Jersey and New York.
FMLA Eligibility Requirements
Several prerequisites must be met before an employee becomes eligible under FMLA. You must have been employed for at least 12 months and worked a certain number of hours in the previous year. Under the federal FMLA, this number is 1,250 hours, so anyone in a part-time job working 30 hours or less may not qualify. The number is slightly lower − 1,000 hours − under the New Jersey Family Leave Act. Another limitation is that FMLA applies only to employers with at least 50 employees.
Job Protections Under the Family Leave Law
If you meet the eligibility requirements, the law says employers must grant unpaid leave for 12 weeks in a certain time period (12 or 24 months, depending on whether it's state or federal law) in circumstances that include:
- Birth or adoption of a child (beyond maternity leave)
- Care for an immediate family member
- The employee's own serious health condition
The employer is supposed to allow you to return to your job or put you back in the same type of position.
In practice, despite labor law protections, employers often terminate employees who exercise FMLA rights and claim the employee would have been terminated anyway, due to a mass layoff, poor performance or some other reason. Our law firm knows how to challenge pretextual firings like this. We will aggressively pursue damages against your employer for all of your economic losses, including lost benefits and pension accounts.
Contact Us
Contact our office to speak to an employee rights lawyer about your rights under the family and medical leave law.
