Family Medical Leave Act (FMLA)
“Can I Sue My Employer if it Made a Mistake Concerning My FMLA Rights?”
The Family Medical Leave Act (FMLA) allows employees the right to take off up to 12 weeks (all at one time or intermittently) due to medical issues, birth or adoption for the employee or immediate family members. A federal appeals court recently ruled simply because an employer made a mistake after firing a worker due…
Read MoreMay a NJ Employer Lawfully Fire an Employee During or Shortly After a Family or Medical Leave?
Federal and New Jersey laws protect workers’ job rights when they take family or medical leave. The Family and Medical Leave Act (federal) and Family Leave Act (NJ) state that employees in the public or private sectors may take up to 12 weeks of unpaid leave per year for a number of reasons, including the birth…
Read MoreThird Circuit Court Says Employers Must Fairly Evaluate Workers’ Medical Leave Certifications, Even Defective Ones.
Employees are not always aware of their leave rights under the Family Medical Leave Act (FMLA), which allows them time off to address a medical condition. Sometimes workers who know about the program experience difficulty securing their benefits. They may face retaliation for applying for leave or, in the worst case, find that their job has been terminated. Employers routinely deny FMLA leave when the request is based on an invalid or insufficient medical certification.
Read MoreEmployer must let employee know about right to FMLA leave
Since we have discussed the matter in previous posts, readers may be aware that in many situations employees are able to take a leave of absence from work to address medical issues that either they themselves are dealing with, or that close family members–such as a spouse–are working through. Under the Family Medical Leave Act,…
Read MoreFired after medical leave of absence? Consider legal options
Many people are willing to provide care when a member of their family falls ill. In some situations this causes a caregiver to have to miss work. The federal Family and Medical Leave Act and the New Jersey Family Leave Act protect a worker against the loss of a job when this becomes necessary. Unfortunately not…
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