Employees in New Jersey should be aware that there are laws in place to protect them from being mistreated at work. There are certain laws with which companies must comply or face the penalties of violating an employee’s rights. This is true when it comes to harassment, discrimination, wrongful termination and even wrongfully denied medical leave.

It was the denied leave that was recently cited in a lawsuit against a company. According to reports, a company unlawfully denied an employee’s request to take medical leave to care for a family member. Not only was she told she could not take time off to care for an ill niece, but she was then fired when she took the leave anyway. The lawsuit was filed by the U.S. Department of Labor, which is attempting to collect compensation and job reinstatement for the woman.

The reason that the company denied the woman’s request was because she was caring for her niece, not her child. However, the woman was legally named as the 12-year-old girl’s temporary guardian and was in the position to provide care to the young girl who suffers from an unspecified illness. When the girl got sick, the woman requested leave under the Family and Medical Leave Act so that she could take care of the girl.

But the company determined that because the guardianship was temporary, the woman’s leave was not protected under the FMLA. The Department of Labor argues that the company’s determination was incorrect, as the FMLA protects leave rights for primary caregivers of children even when there is no biological or legal relationship.

The company fired the woman after she left to care for the girl.

Under the FMLA, an employee is allowed to take 12 weeks off for certain medical and family reasons without pay. During that time, his or her job must be protected and an employer cannot fire a person on medical leave and must continue to provide that worker with benefits.

Because the company may have misinterpreted its obligations under the FMLA, the worker may be eligible to collect back wages, benefits with interest, and other damages related to the termination. As noted above, she is also requesting her job back so that she can continue to earn a living and provide care for her loved ones.

Source: Norwalk Reflector, “Feds sue Ohio company for denying worker FMLA leave to care for ill child,” Dec. 5, 2013