Family and Medical Leave Act

Many employees are not aware of their rights under the Family and Medical Leave Act or FMLA.  If you or one of your close family members becomes ill you have a right under federal law to up to twelve (12) weeks leave from your job under the FMLA.  During that period of time your employer is prohibited from harassing you or trying to prevent you from taking leave.  And when you return from leave you are entitled to get your job back.

If you feel your FMLA rights may have been violated anywhere in New Jersey or Pennsylvania, or if you would like to ask about your rights under the FMLA, please contact our offices immediately at 856-778-9700 to speak with an attorney. You may also simply click the contact button below and submit an inquiry for the lawyers at our offices to review.

 

The Family and Medical Leave Act (“FMLA”) provides job security to an employ who is absent from work because of the employee’s own serious health condition or to care for certain family members with serious health conditions.

To be eligible to receive leave pursuant to the FMLA, all of the following criteria must be met:

(1) Your employer must employ at least fifty employees;
(2) You must have worked at the job for twelve months at the time the leave period would begin; and
(3) You must have worked at least 1,250 hours during that 12-month period.

An employee who is eligible may take up to twelve weeks of leave during any 12-month period of time. Leave pursuant to the FMLA is unpaid unless available paid time off is taken (i.e. vacation, paid sick time or paid personal time off) or unless disability benefits are available to the employee (i.e. worker’s compensation, or payments from long-term or short-term disability).

Leave pursuant to the FMLA can be taken for any of the following reasons:

(1) The employee’s serious health condition that makes employee unable to perform the essential functions of the position;
(2) A serious health condition of the employee’s spouse, son, daughter, or parent;
(3) The birth of son or daughter, or to care for such child, or
(4) The placement of a son or daughter with the employee for adoption or foster care.

The employer may require the employee to provide medical certification to establish the existence of a serious health condition to take FMLA leave.

Generally, at the end of leave, employees must be reinstated to the same or an equivalent job. The employer must maintain health plan benefits for an employee on FMLA on the same basis as if the employee were actively employed; and all benefits, including those that lapsed during leave, must be restored immediately upon the employee’s return to work.

The FMLA also allows employees to take “intermittent” leave. This is where an employee takes leave in separate blocks of time do to a serious health condition. An example is the employee being allowed to leave early on certain days to see the doctor, and taking two or three days off after surgeries due to his or her condition.

Employers are required to provide specific information to employees who request leave pursuant to the FMLA. The employer has a duty to respond to questions from employees about their FMLA rights and responsibilities. If your employer fails to adequately inform you of your rights under the FMLA, they may be acting in violation of that law.


For more information about your rights under the Family and Medical Leave Act check out the following websites:

http://www.dol.gov/whd/fmla

http://www.opm.gov/oca/leave/html/fmlafac2.asp

http://www.aflcio.org/issues/workfamily/fmla.cfm

http://www.hrhero.com/topics/fmla.html




If you feel you were discriminated against in the hiring process, or were denied advancement opportunities, or were terminated because of your race, gender, age, religion, national origin, or disability anywhere in New Jersey or Pennsylvania, please contact our offices immediately at 856-778-9700 for consultation. You may also submit an inquiry using our secure web form for our offices to review. 

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