Our FMLA Lawyers Serve PA and NJ

We offer comprehensive legal services to employees dealing with FMLA issues across Pennsylvania and New Jersey. Whether you’ve been wrongfully denied leave or have been terminated while on FMLA, our lawyers are well-versed in federal and state employment laws. Our services include:

Filing FMLA claims: We assist you in gathering evidence, filing the necessary paperwork, and ensuring that your FMLA claim is properly documented.
Litigating FMLA disputes: If negotiations fail, our attorneys are prepared to take your case to court to enforce your FMLA rights.
Defending against retaliation: We protect employees from adverse actions, such as job demotions or wrongful termination, as a result of taking FMLA leave.
Negotiating settlements: Many FMLA cases can be resolved without litigation. We strive to achieve fair settlements that compensate you for any losses.

"The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy."

- Martin Luther King, Jr.

FMLA Law in NJ vs. PA: Key Differences

Both Pennsylvania and New Jersey adhere to federal FMLA regulations, but NJ offers additional protections through the New Jersey Family Leave Act (NJFLA). Under NJFLA, employees may receive up to 12 weeks of family leave during any 24-month period for similar qualifying reasons.

Key NJFLA Distinctions:

Broader eligibility: NJFLA applies to businesses with 30 or more employees, compared to the FMLA’s threshold of 50 employees.
Coverage for small employers: If you work for a smaller company in NJ, you may still be eligible for family leave protections.

In contrast, Pennsylvania does not have a state-specific family leave law, so employees must rely entirely on the federal FMLA for job protection. Whether you’re located in PA or NJ, our experienced attorneys can guide you through the complexities of the law.

Common FMLA Violations by Employers and Your Legal Options

There are several ways employers violate FMLA law while employees are on leave or upon their return.

While employers may communicate with employees while they are on leave, it is illegal to pressure employees to return sooner than planned, or to check in on employees excessively.
Employers may not count FMLA time off against an employee or give an employee a bad performance review based on work that wasn’t completed during the leave.
Upon reinstatement after the leave, the employer must give the employee an equivalent position (equivalent in pay, benefits, duties, etc.) if their former position is no longer available.
Employees must be reinstated immediately and not asked to wait for the employer to shuffle schedules or for a job to become available.
Automatic raises and benefits must be reinstated immediately upon return without having to wait for an open enrollment window.

A FMLA attorney can help determine your best legal options and recommend the best way forward, including trying to negotiate a settlement with your employer, filing a complaint with the Department of Labor, or filing a lawsuit. State laws can provide greater protections than federal law. To learn more about your rights, contact a FMLA lawyer in NJ and PA at 856-778-9700.

FAQs About FMLA Law

Can my employer deny my FMLA leave?

An employer cannot deny your FMLA leave if you are eligible and have provided appropriate notice. If you meet the FMLA requirements, your employer must approve the leave. However, they may deny the leave if you fail to provide sufficient documentation or notice.

What documentation does an employee need to share?

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

Can I be fired while on FMLA leave?

No, employers cannot fire you for taking FMLA leave. However, they may terminate you for unrelated reasons, such as misconduct or company layoffs. If you believe you were fired as retaliation for taking FMLA leave, contact an FMLA lawyer immediately.

What should I do if my FMLA rights are violated?

If you believe your FMLA rights have been violated, document any interactions with your employer and consult with an experienced FMLA lawyer in PA or NJ. Your lawyer can help you determine the best course of action, whether it’s filing a complaint with the Department of Labor or pursuing legal action.

What are the reinstatement rights of an employee returning from 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.

What Is Intermittent Leave Under FMLA?

The FMLA also allows employees to take “intermittent” leave. This occurs when an employee takes leave in separate blocks of time due to a serious health condition. An example is an 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.

What are an employer’s obligations regarding informing employees about their FMLA rights?

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. Contact our FMLA lawyer PA and NJ to learn more.

When to Seek Legal Help From an FMLA Lawyer in NJ & PA

The FMLA provides unpaid job-protected leave (with full medical benefits) to care for your spouse, child or parent who has a serious medical condition, or when you are unable to work because of your own serious health condition. This leave may be taken all at once or intermittently as the medical condition requires. Employers are required to inform employees of their FMLA rights. If the employee doesn’t request FMLA leave specifically, they are still entitled to it if they express the need to take time off for medical reasons to their employer. If your employer fails to do this, consult with a Philadelphia FMLA lawyer to assess the strength of your possible FMLA claim. A FMLA lawyer in NJ and PA can represent you if you take legal action against your employer.

EXPERIENCED FMLA LAWYER IN PA AND NJ

Protecting Your Rights Under The Family And Medical Leave Act

Situations Where FMLA Can Help:

Eligibility for FMLA: ALL Criteria Must Be Met: