Violation of Leave of Absence Rights

The federal Family and Medical Leave Act (called the “FMLA”), and the New Jersey Family Leave Act apply to larger employers that have 50 or more employees.  Employees who meet certain eligibility requirements (focusing on the hours and length of time the employee has worked for the employer) are entitled to take up to 12 weeks of unpaid leave, under certain circumstances.

Under the FMLA, for each work year, eligible employees are entitled to 12 weeks of unpaid leave for 1) the birth or adoption of a child, 2) the serious health condition of an immediate family member (including a child, spouse, and in some circumstances a parent), or 3) the employee’s own serious health condition.

Under the New Jersey Family Leave Act, eligible employees are entitled to 12 weeks of unpaid leave for the birth or adoption of a child, or to care for the serious health condition of a child, parent, spouse, or partner in a civil union.

Both laws allow for the leaves to be taken “intermittently” or over different periods of time.

Under both laws, employees normally must be reinstated to his or her former position or to a comparable or equivalent position with the same benefits pay, and other terms and conditions of employment.

Employers may not unlawfully interfere with a protected leave or retaliate against employees who need to take such a leave.  Further, employers must properly notify employees of their right to utilize such a leave, if the employer becomes aware of circumstances that would necessitate an employee taking such a leave.

Unless an employer can demonstrate that they would have terminated the employee in any event, an employer cannot terminate an employee while they are on an unpaid leave of absence.

Our firm has substantial experience dealing with leave laws and representing individuals who have been denied their rights under these laws, or retaliated against for taking leave the law legally provides to them.  If you feel that your employer has failed to compensate you with wages or overtime, contact our office for immediate attention at 1-888-GINARTE