Did you know that federal law provides qualified workers in the state of New Jersey with up to 12 weeks of unpaid leave per year to address serious health conditions? Under the Family Medical Leave Act (“FMLA”), employers are required to protect employees’ jobs while out on leave. While these legal rights exist, employees are often confused while navigating the law. In this post, we will give the basics of how the law is supposed to work.

Which do I use, paid sick leave or FMLA?

In some cases, before taking time under FMLA, you may be required to use paid time off that has accumulated. In others, you may need to take unpaid FMLA leave rather than sick leave that is paid. The decision depends upon the employer’s policies. The employer must treat all similarly situated employees alike, and in accord with company policies. When one employee is treated differently than others, legal action could follow. This could also be true if an employee is forced to take both at the same time.

May you use FMLA time to care for a family member?

FMLA may be used to address your own serious medical condition or that of an immediate family member. Exactly what that means depends on the defining state. In New Jersey, the Family Leave Act (“NJFLA”) expands the FMLA and, among other things, provides leave to attend to an unwell or disabled spouse, minor child, parents, and in-laws.

Does the time need to be taken in one chunk?

FMLA and FLA time off does not need to be taken in one large chunk. It may be taken a few hours or days at a time. When calculating the time spent away from work, it is important to be precise. The hours recorded will be translated into portions of a week.

Conclusion

The failure of an employee to follow guidelines regarding time away from work can be problematic for that worker. Likewise, when a business fails to provide qualified employees with FMLA or NJFLA leave, it will face legal action. Because of the complexity of these laws, employees often run into problems. Experienced employment law counsel for workers will be key to employees’ empowerment in these circumstances.

Please call or write us to schedule an appointment regarding any employment law matters, including FMLA/FLA leave. Protect your rights. Contact us today.