Family and Medical Leave Rights
Under the Federal Family and Medical Leave Act (commonly referred to as FMLA), certain employees have the right to take unpaid time off from work due to their own serious health condition or to care for a family member with a serious health condition. This law applies to persons with disabilities, pregnant women and other employees.
The United States Department of Labor has a helpful factsheet on the FMLA here. It is not always obvious or easy to determine which employees qualify for leave under certain circumstances or which employers are required to give it to them.
New Jersey employees are also protected by the New Jersey Family Leave Act. The New Jersey Division on Civil Rights also publishes a factsheet on the NJFLA which can be accessed here.
In addition to providing that employees who take FMLA-protected leave must be restored to their positions upon returning to work (or an equivalent position, in certain circumstances), the law also prohibits employers from retaliating against employees who exercise their FMLA rights.
If you have been wrongfully denied leave or your employer has retaliated against you for taking or requesting leave, you should contact an employment law attorney to discuss your rights.
This website is intended for information purposes only. Nothing herein should be considered legal advice. Transmission of the information is not intended to create, and receipt does not constitute, an attorney-client relationship.Whether you're janitor, a teacher, a C-level executive, whether you trace your roots back to George Washington or you're a recent immigrant, whether you're devoutly religious, gay, lesbian or transgendered, young in age, or just young at heart - you deserve to be free of employment discrimination, sexual harassment, wrongful discharge, illegal firing and all other unfair labor practices. Workers have rights on the job! I am an employment law attorney who helps whistleblowers, employees who have been discriminated against, those who have experienced unjust retaliation and many other employees get the justice they deserve. Unfortunately, some employers still discriminate against, harass, unlawfully terminate and subject employees to a hostile work environment based on disability, pregnancy, age, race, national original, religion, sexual orientation, exercising FMLA rights, failure to pay overtime and standing up for what is right. Fortunately, federal and state laws protect people against violations of these civil rights. Contact an employment lawyer to learn more.
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