New Jersey Employment Lawyer With Extensive Experience Handling Family and Medical Leave Cases
At Zatuchni & Associates, our New Jersey FMLA attorney is a compassionate, experienced advocate for employees and their families. We are focused on protecting your rights under state and federal law. If you have any questions about family and medical leave law or if you believe that your rights were violated, we will help. To set up a free, confidential consultation with an experienced New Jersey FMLA attorney, please contact us today.
An Overview of the Family and Medical Leave Act
A host of federal and state laws entitle eligible employees to take medical and other leave, most notably the Family and Medical Leave Act (or “FMLA”). In a nutshell, the FMLA protects employees’ jobs by requiring covered employers to provide up to twelve weeks of non-paid leave for:
- Incapacity due to pregnancy, prenatal medical care, or childbirth;
- For the care of the employee’s child after birth, or placement for adoption or foster care;
- For the care of the employee’s spouse, son, daughter, or parent, who has a serious health condition; or
- For a serious health condition that makes the employee unable to perform the employee’s job.
It is unlawful for covered employers to withhold FMLA leave from eligible employees. Likewise, it is unlawful for covered employers to retaliate against employees for taking FMLA, whether through termination or other lesser adverse employment actions, including demotions and cuts in pay or hours.
FMLA Leave is Capped at 12 Weeks
If you are dealing with a qualifying family or medical issue, you can take a maximum of 12 weeks of job-protected leave under the FMLA. After your federally-protected job leave has expired, you will need to shift to another type of leave or return to your job. If you fail to do so, you will no longer be protected against adverse employment action.
The FMLA Applies to Employers With 50 or More Workers
Unfortunately, not all workers are protected by the Family and Medical Leave Act. The federal law applies to all employers with 50 or more employees within a 75-mile radius. Additionally, an employee is only eligible to take FMLA to leave if they have been employed for at least one year and worked 1,250 or more hours within the last year.
New Jersey Employee Rights: Know the Most Common FMLA Violations
Although the Family and Medical Leave Act provides clear legal protections to many workers in New Jersey, not all employers follow their duties under the law. Unfortunately, FMLA violations happen far too frequently. Our New Jersey employee rights attorneys have seen family and medical leave violations take many forms. Here are three of the most common issues to watch out for:
- Improper Denial of Family Leave or Medical Leave: The FMLA provides guaranteed, job-protected leave to workers who are dealing with a qualifying emergency. Employers do not have the authority to deny leave simply because they want someone to keep working. Call our New Jersey FMLA lawyer right away if you believe that your request for leave was unlawfully denied.
- Refusal to Allow a Worker to Return at the End of Leave: As FMLA leave is job-protected, an employee has the right to return to their previous position—at the same pay level, benefits, and job duties—when their leave is complete. If an employer is trying to prevent you or your loved one from going back to work after taking leave, contact our New Jersey employee rights lawyer for immediate help.
- Retaliation Against an Employee Who Takes Leave: Finally, employers are strictly prohibited from taking any type of adverse action against an employee who requests leave, takes leave, or expresses an interest in learning more about their right to take leave. If you were subject to punishment or you were harassed because you took FMLA leave, call our New Jersey employment attorney for help.
How New Jersey Family and Medical Leave Lawyer David Zatuchni Can Help
The Family and Medical Leave Act is a complex federal law. Many employees have questions about their rights or options under the statute. As an experienced employee rights advocate, David Zatuchni has a deep understanding of the FMLA and other workplace leave issues. We are ready to get started on your case. Among other things, our New Jersey employment lawyer will:
- Review your case and answer your questions about family/medical leave;
- Gather and prepare the documents and records you need; and
- Take all necessary steps to protect your rights and help you get the best outcome.
With more than 20 years representing employees in New Jersey, we are experienced in litigating and negotiating claims stemming from violations of FMLA and other leave laws. Our law firm provides personalized legal representation—focused on helping our clients get the best possible result for their unique needs.
Call Our New Jersey FMLA Attorney for Immediate Help With Your Case
At Zatuchni & Associates, our New Jersey employment law attorney has the skills and knowledge to help you or your loved one with the full range of family and medical leave issues. If you believe you’ve been wrongfully denied FMLA leave, or retaliated against for taking any leave to which you’re legally entitled, send us an email or give us a call today. Initial employment consultations are free and completely confidential. From our law office locations in Morristown and Lambertville, we are well-positioned to handle FMLA cases throughout New Jersey.