Most NJ employees have the right to request and receive a leave of absence for specific reasons, including the birth of a baby and the illness or death of a close relative. That right is assured by the Family and Medical Leave Act of 1993, and its NJ state equivalent, the Family Leave Act.   Paid leave insurance is available for qualifying workers through the State Act.

In each specific circumstance, the employer and the employee must communicate clearly the terms and conditions of the leave, including in writing. Employees taking medical or family leave are sometimes victimized by employers who either do not know the law or take advantage of employees who are unfamiliar with their rights.

Medical and/or family leave is only available for employees who work for companies with a head count, including all locations, of 50 and above.  In addition, to be covered, an employee must be full time employed (35 hours per week, minimum) and have worked at least 1,250 hours in the 12 months immediately preceding the requested leave time.

Some employers take advantage of employee ignorance by challenging the employee’s notification of an intent to take leave. In 2007, the Third Circuit U.S. Court of Appeals, which includes New Jersey, ruled that an employee seeking medical or family leave does not need to use any “magic words” to notify the employer of an intent to take leave. As long as the employee has clearly communicated there is a need for medical or care-taking leave, the employer does not have the right to deny the leave — simply because the employee did not specify the date or nature of the leave, or the exact amount of leave time requested. In Sarnowski v. Air Brook Limousine, No. 06-2144 (3d Cir. Dec. 12, 2007), importantly, the Third Circuit specified it is the obligation of the employer to inform the employee of their rights regarding medical or family leave.

In another example, when an employee who takes family leave to care for an ill relative, the employer has an obligation to advise the employee regarding the desired date of return to work. In the 1998 case Rose Marie Barone vs. Leukemia Society of America, the Federal District Court of New ruled that the plaintiff was unjustly terminated from her position because her employer did not clearly state a deadline for her return to work following a leave of absence.

Thus, the burden of implementing the right to take leave lies with the employer, not the employee, because the employee is the vulnerable party at the time of the leave. It is understandable, and affirmed in the eyes of the court, that an employee taking medical or family leave is in a personal crisis or, at the very least, absorbed in personal affairs, and therefore may not be in the state of mind to conform to specific protocols of the workplace. By siding with the employees in these cases, the U.S. courts have said clearly employers have an obligation to show support for their employees by informing them of their rights and protecting their jobs.

If you have a crisis or concern regarding the terms and conditions of your employment, including discrimination, retaliation, or a breach of your Family and Medical Leave rights — especially if you have been unjustly terminated from your job — the employment law attorneys at Hanan M. Isaacs, P.C., will help you get back on track.  We will listen to your facts, explain the relevant law, and advise you of the best ways to proceed.  Call our Central Jersey offices at 609-683-7400 to set up a near-term initial consultation at a reduced hourly rate, or contact us online to schedule a consultation.  Call us today. You will be glad you did.