The law protects your right to take time off from work for your own illness or disability, after the birth of a child or to care for a family member with an illness. However, some employers retaliate against employees for taking time off by terminating their positions, denying promotions or making harassing comments. If you have experienced employer retaliation for taking time off under the Family Medical Leave Act, Carolyne S. Kalson, Attorney at Law, can defend your rights. Attorney Carolyne S. Kalson serves cities in Monmouth and Ocean counties, including, but not limited to, Brick, Howell, Freehold, Toms River, Red Bank, Jackson, Manalapan, Manasquan, etc.
New Jersey FMLA Attorney
As a general overview, there are three laws that cover family medical leave:
Federal Family Medical Leave Act: The federal Family Medical Leave Act covers employers with 50 or more employees and grants eligible employees the right to take time off after the birth or adoption of a new child, after surgery or illness, or to care for a sick relative. It guarantees your right to return to your job once your leave is over. Your medical benefits must continue during your leave. Once you return to work, you must be returned to the same or equivalent position. FMLA entitles you to 12 weeks of unpaid leave. New Jersey Family Leave Act: The New Jersey Family Leave Act allows employees to take a leave of absence for the birth of a child, adoption or caring for a sick relative. New Jersey law allows eligible workers to take up to 12 weeks of leave.
New Jersey Paid Family Leave Act: The New Jersey Paid Family Leave Act allows you to take up to six weeks paid leave to care for a sick relative. This law applies to even the smallest employer's. To learn if you were entitled to any of the family leaves, or if you were wrongfully denied a leave or retaliated against for using leave, please contact our office. In some cases, it is possible to take time off under both state and federal laws. For instance, a woman who becomes disabled due to a pregnancy can take 12 weeks off under federal law and 12 weeks under state law — resulting in a total of 24 weeks of absence.
Employers may attempt to mislead employees by saying that the law only allows employees to take 12 weeks total, but this is incorrect. It is crucial for employees to know their rights. Learn more about your rights by contacting lawyer Carolyne S. Kalson. For employees with disabilities, an extended leave of absence may be considered a reasonable accommodation that employers are required to make. If your employer does not allow you to take this leave of absence or retaliates if you take it, you may have a case for discrimination.