Life does not always run smoothly.  Whether we like it or not, there may come a time when day-to-day tasks are interrupted by medical issues that pull you away from responsibilities of daily life, including work. Many workers who find that they are facing this reality will not know what rights they have.  Under the federal Family and Medical Leave Act (FMLA), qualifying New Jersey workers may take up to 12 weeks of unpaid leave each 12 months, with full job protection.

Not every New Jersey worker qualifies for this leave. The employer must employ at least 50 workers within a certain geographic distance of each other. In addition, an employee must have been employed by that business for a minimum of 12 months, and during that time, have worked at least 1,250 hours.

For those who meet those requirements, there are multiple situations where you may take unpaid leave and still receive job protection. One of the most common situations involves childbirth, adoption of a child, or foster care.

The unpaid leave of absence may also be taken to address your own medical condition or to provide care to a loved one who is in your immediate family. In the state of New Jersey, in addition to a spouse, child, or parent, a parent-in-law is also included.

FMLA protection is supplemented by the Americans with Disabilities Act, in which qualifying employees are entitled to consideration for reduced work hours or leave time, to help them reasonably accommodate to the expected requirements of the job. When time off — including reduced work hours, certain days off per week, or a greater leave time — would help these employees do their jobs better, get treatment, or the like, FMLA time may be just the ticket to make the job assignment positive for everyone.

If you find yourself in circumstances similar to those outlined above, FMLA leave may be the right way to go. Unfortunately, some employers do not understand the law, misapply the law, or deny leaves when they are requested or required. In other cases, following an approved FMLA leave, an employer might unlawfully retaliate, either by firing an employee or reassigning him or her to something substantially different when they return. In these situations, an experienced employment lawyer can assist the employee to become fairly treated, reinstated, or reasonably compensated for wrongful discharge. In appropriate cases, we will represent employees before the federal Equal Employment Opportunity Commission and in state or federal court, as necessary, to fully vindicate your rights.

World Report, “6 Things You Need to Know About the Family and Medical Leave Act,” Jada A. Graves, April 13, 2013