What Are My Rights Under the FMLA in NJ?

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If you or your family require medical attention or care, you may be entitled to 12 weeks off through the Family Medical Leave Act (FMLA). Keep reading and reach out to our FMLA lawyer in Gloucester County, New Jersey.

Do I qualify for FMLA?

It is important to recognize that there are clear instances that may warrant FMLA leave. Those circumstances include having a child and wishing to bond with the child, caring for a family member with a severe health condition, developing a serious health condition yourself, and more. It is also important to acknowledge that you will also have to work for a qualifying employer to obtain FMLA leave. Employers of companies that have more than 50 employees for at least 20 weeks in the current or previous year are required to award individual employees FMLA leave. If you are someone who has worked for a company for at least one year, and in the last year you have worked at least 1,250 hours, and if you work for a company with at least 50 employees within a 75-mile radius, you should be qualified to receive FMLA leave. If you are rejected, do not hesitate to reach out to an FMLA lawyer to discuss your choices.

How long am I protected under FMLA in New Jersey?

If you are a New Jersey employee and are entitled to FMLA rights, you will be able to take up to 12 weeks of leave in a 12-month period, and this leave resets in the next 12-month period, suggesting if another situation should come up after the initial 12-month period, you may take an additional 12 weeks of leave. In addition, in some cases, if you are caring for a military service member in your family, you may take up to 26 weeks of leave, though this largely depends on the specific circumstances of your case. Note that even though this leave is unpaid, you should keep your health insurance throughout the time of your leave.

What is the New Jersey Family Medical Leave Act (NJFLA)?

Additionally, certain qualifying employees are also able to leave under the NJFLA. Under the NJFLA, employers with at least 50 employees are required to grant their employees up to 12 weeks of leave in any 24-month period to either care for a qualifying family member with a serious health condition or to care for a recently born or recently adopted child. To be qualified for this leave, you, the employee, must have performed for the company for at least one year and 1,000 hours in the last 12 months.

Contact our Firm

The dedicated and compassionate attorneys at Vigilante Law Firm, P.C. would be happy to provide you with assistance in your case and help you protect your future when so much is on the line. Contact us today to schedule a consultation.

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