The Family and Medical Leave Act (FMLA) is a Federal law that protects employees from being replaced or demoted while out on leave for a serious medical condition, to care for a family member with a health condition, or to care for a newborn. In order to qualify for FMLA, you must have worked at the employer for at least one year, and have worked at least 1,250 hours in the year preceding the leave. FMLA only applies to employers who employ 50 or more people within 75 miles of the workplace.
New Jersey also has a Family Leave Act (NJFLA) which has similar requirements (except only 1,000 hours required and applies to employers with 50 employees anywhere in the world). Unlike the FMLA, the NJFLA does not protect employees who take leave for their own serious health condition. Because of this distinction, however, New Jersey employees can sometimes use both laws in order to be protected for up to 24 weeks of leave. The most common situation when the laws can be used consecutively is where an expectant mother needs to go on disability prior to the birth of a child. In that case, the time preceding the birth of the child is protected by the FMLA. Then, after the birth of the child, the mother can take up to 12 weeks, if otherwise qualified, under the NJFLA.
In addition, the New Jersey Law Against Discrimination (NJLAD) provides additional leave for a disability as a reasonable accommodation. Leave under the NJLAD is not dependent on any other law, and such leave can be in addition to leave under the FMLA and NJFLA.
Schorr & Associates has had many successful outcomes and victories in Family and Medical Leave claims, as well as legal victories in the Federal and Appellate Courts. Alan H. Schorr, a Certified Civil Trial Attorney, also frequently lectures on civil rights matters and has written published articles on the subject. Many of these cases are handled on a contingent fee basis (no fee unless recovery). Please call or e-mail now for a free initial telephone consultation.
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Watch our short video on the subject below. Contact us if you have any questions.
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