Family Medical Leave Act Lawyers in New Jersey
When Can I Take FMLA Leave?
There are certain circumstances during life when taking leave from work may be necessary. Under the Family and Medical Leave Act (FMLA), workers are eligible for unpaid protected leave for medical and family circumstances. This law applies to all public employees and most private sector workers.
Employees are able to take leave under FMLA for situations such as:
- Caring for a spouse, child or parent with a serious illness
- During pregnancy or after the birth of a new child
- Caring for a newly adopted child
- If the employee has a serious health issue that leaves them unable to work
At Burnham Douglass Attorneys At Law, our attorneys know employers don’t always adhere to FMLA rules and provisions. That’s why we can be your dedicated FMLA lawyers in Marlton & Northfield if you’re an employee whose rights were violated by your employer. When you reach out to us for your employment law case, we can help you assess your claim and what you may be able to recover in fair and just compensation from your employer.
FMLA Leave Benefits
FMLA provides the following to all eligible employees:
- Up to 12 weeks of unpaid annual leave
- Job protection or guarantee of an equivalent position upon return
- Protection against retaliation for requesting or taking leave
Who Is Eligible for FMLA Leave?
Most, but not all, workers in the United States are eligible for FMLA protected leave. Eligibility begins with your employer, which must be a “covered employer.” A covered employer is one that employs at least 50 workers in the private sector, or is a public sector employer regardless of the number of employees it has.
Eligibility requirements for workers include the following:
- Employed by a covered employer
- Worked for the covered employer for at least 12 months prior to requesting leave
- Within 12 months prior to taking leave, has accrued at least 1,250 hours of work
- Works at a location where the employer has 50 or more employees within 75 miles
Common FMLA Violations Employees May Experience
Unscrupulous employers may attempt to skirt or outright disregard their employees’ rights protected by FMLA, but sometimes these unlawful decisions and practices can go unnoticed by workers.
You may have experience a common FMLA violation such as one or more of the following:
- Failing to respond to or recognize a leave request
- Requiring an unreasonable amount of notice
- Improperly denying or postponing leave
- Firing an employee while they are on leave
- Failing to provide the same or a similar job to the employee upon return
- Failing to provide the same pay and/or benefits as before the employee took leave
- Requiring an employee to work while on leave
- Engaging in retaliation when an employee requests or takes leave
Were You Terminated or Suffered Retaliation After Returning from Leave?
If you were wrongfully terminated or suffered retaliation due to taking leave, you may be eligible to take action against your employer for damages. It is illegal for employers to violate your right to take leave by threatening to fire you or making you fear retaliation if you took leave. Our team can help you file a claim against your employer to recover compensation for lost wages and benefits, and the option of getting your job reinstated.
Reach out for Legal Support
If you need to assert your rights after you were improperly denied FMLA leave, lost your job while on leave, or another reason where unlawful activity occurred, reach out to Burnham Douglass Attorneys At Law for help.
We offer a free consultation to all prospective clients that can be facilitated in-person, over the phone, or by video conference. Your consultation and other future appointments may also be conducted after normal business hours or over the weekend. For clients who speak Spanish or Portuguese more fluently than English, we can offer you support in those languages as well.