If you are about to become a parent, you may be overwhelmed with nerves and excitement. However, your feelings surrounding these matters may quickly change when you receive notice that your maternity or paternity leave was denied by your employer. If this reflects your circumstances, it’s critical to understand your legal options. The following blog explores what you should know about these matters, including the importance of working with New Jersey employment lawyers to help you fight for your right to take leave.
Am I Guaranteed the Right to Take Maternity or Paternity Leave in NJ?
In New Jersey, expecting parents have two avenues to seek time off when they welcome a child into the world. The first is through the New Jersey Family Leave Act (NJFLA), which provides up to 12 weeks of parental leave to allow for bonding with a new child. Alternatively, you can seek leave under the federal Family and Medical Leave Act (FMLA), which also grants up to 12 weeks of leave for any medical or family reason.
It’s important to understand, however, that you’ll need to qualify for this time off. To qualify for FMLA, you must work for a company that employs at least 50 employees, and you must have been employed for one year and worked 1,250 hours. NJFLA requires that you work for a company with at least t30 employees, and have worked, at minimum,1,000 hours in the past year.
As such, there are unfortunately factors that may disqualify you from being eligible for maternity or paternity leave based on your circumstances.
However, you should note that you will have additional protections under the New Jersey Law Against Discrimination, which covers pregnancy and maternity leave. The law itself does not mandate how long a worker’s parental leave is, but it does prohibit discrimination based on pregnancy or leave. As such, this law helps protect you from facing termination, demotion, or wage deduction for requesting maternity or paternity leave.
What Should I Do if My Employer Denies My Request?
If you are eligible for maternity leave and your employer denies the request, it can be incredibly upsetting. However, it’s imperative to take the necessary steps following the denial to protect yourself. Generally, the most important thing you can do is request a written reason for the denial. You should then review your employee handbook or human resources policies to look for any information regarding your right to parental leave.
You should then connect with an experienced employment attorney. Your lawyer can help determine whether or not the denial of your request was unlawful by examining your employment history in conjunction with the NJFLA and FMLA laws. Additionally, they can determine if any retaliation has occurred.
In the event your denial was unlawful, your attorney can assist you in filing a complaint to protect your rights as an expecting parent.
If this is reflective of your circumstances, it’s in your best interest to contact the team at Vigilante Law Firm, P.C. Our team knows that this is an incredibly overwhelming time, and learning that you may be able to take leave can make matters much more difficult. That is why our firm is committed to helping you fight for the best possible outcome for your unique situation. Contact us today to learn more.
