Hanlon Niemann Blog | A Freehold, New Jersey Law Firm

The Federal FMLA provides that employees may take 12 weeks of unpaid leave from their jobs when they have a serious medical condition or must care for a family member with a serious medical condition.  The FMLA only applies to employers with 50 or more employees and employees must meet certain conditions to be eligible for leave.  An employer must not retaliate against an employee for exercising his or her rights under the FMLA.  New Jersey also has a similar statute, the New Jersey Family Leave Act, which provides different but related rights to employees.  New Jersey law does not require an employer to have a minimum number of employees to be subject to the law and is also more pro employee than its federal counterpart.  To learn more about employee rights and employer requirements under the FMLA, contact Lauren Bercik at 732-863-9900 or LBercik@hnlawfirm.com.

Most Employers with 50 or more employees must provide eligible employees with 12 weeks of unpaid leave during a 12-month period for one or more of the following reasons:

• For the birth and care of a newborn child of the employee;
• When an employee adopts a child;
• To care for an immediate family member (spouse, child, or parent) with a serious health condition; or
• When an employee suffers from a serious health condition, rendering that employee unable to work.

Employers cannot terminate or retaliate against employees for taking Family Medical Leave.  Employees must be reinstated to their previous position or an equivalent position upon returning from Family Medical Leave.  There are some circumstances when an employee can take intermittent Family Medical Leave, which means taking leave in blocks of time or working less during the normal work week.  
 
The Family Medical Leave Act is a complicated law. If you believe that your rights under this Act may have been violated, you should contact an experienced employment lawyer.

Additionally, some state laws provide much broader protection for employees regarding similar types of requested leave.