Taking time off work to care for a new child, a seriously ill family member, or to recover from a personal health condition is a necessity for many employees. However, the fear of losing one's job or facing workplace repercussions can be a significant concern. In New Jersey, laws like the New Jersey Family Leave Act (NJFLA) offer legal protections to employees who need to take a leave of absence for family or medical reasons. Understanding these rights and how to exercise them can help employees make informed decisions without jeopardizing their employment.

The  NJFLA ensures that eligible employees can take up to 12 weeks of unpaid leave in a 24-month period for specific family-related reasons. This law complements the federal Family and Medical Leave Act (FMLA) and offers additional protections to New Jersey workers.

If you have a legal issue at work and need legal counsel, the NJ employment lawyers at Brandon J. Broderick, Attorney at Law have the expertise to guide you. Call us today for more info.

Understanding the New Jersey Family Leave Act

Key Provisions of the NJFLA

The NJFLA applies to employers with 30 or more employees and covers employees who have worked for their employer for at least 12 months and have logged a minimum of 1,000 hours in the past 12 months. The law provides for up to 12 weeks of unpaid leave for the following reasons:

• Bonding with a New Child: This includes time off for birth, adoption, or foster care placement.
• Caring for a Family Member: Employees can take leave to care for a child, spouse, parent, or parent-in-law with a serious health condition.
• Dealing with a Family Member’s Serious Health Condition: This extends to family members who require care due to a serious illness or medical condition.

Employee Rights Under the NJFLA

1. Job Protection: Employees are entitled to return to their same or a comparable position after their leave ends. Employers cannot terminate or retaliate against employees for taking NJFLA leave.
2. Health Insurance Continuation: Employers must maintain the employee's health insurance coverage under the same conditions as if they were still working.
3. Prohibition of Retaliation: It is illegal for employers to retaliate against employees for exercising their rights under the NJFLA. This includes actions such as demotion, reduction in hours, or any form of disciplinary action.

Differences Between NJFLA and FMLA

While both the NJFLA and FMLA provide similar protections, there are key differences:

• Scope of Coverage: NJFLA does not cover personal medical leave for the employee’s own serious health condition, which is covered under FMLA.
• Employer Size Threshold: NJFLA applies to employers with 30 or more employees, while FMLA applies to employers with 50 or more employees.
• Leave Calculation Period: NJFLA provides up to 12 weeks of leave in a 24-month period, while FMLA allows up to 12 weeks in a 12-month period.

Legal Consequences for Non-Compliance

Employers who fail to comply with the NJFLA face significant legal consequences. Employees who believe their rights have been violated can file a complaint with the New Jersey Division on Civil Rights or pursue a lawsuit in civil court. Potential legal remedies for non-compliance include:

• Reinstatement: The employee may be reinstated to their original job or an equivalent position.
• Back Pay and Benefits: Employers may be required to compensate employees for lost wages and benefits resulting from the violation.
• Compensatory Damages: Employees may receive compensation for emotional distress and other related damages.
• Punitive Damages: In cases of willful or egregious violations, employers may be required to pay punitive damages as a form of punishment and deterrence.

How to Exercise Your Rights

Informing Your Employer

To exercise your rights under the NJFLA, you must provide your employer with adequate notice of your need for leave. Generally, you should give at least 30 days' notice if the leave is foreseeable. In cases of emergencies or unforeseen circumstances, notify your employer as soon as possible.

Providing Documentation

Employers may require you to provide documentation supporting your need for leave. This can include medical certifications or legal documents related to adoption or foster care. Ensure that you provide all requested documentation promptly to avoid delays in your leave approval.

Keeping Records

Maintain detailed records of all communications with your employer regarding your leave, including emails, letters, and notes from meetings. Documentation can be crucial if you need to challenge any adverse actions taken by your employer related to your leave.

Need Legal Help? Brandon J. Broderick Is Available Today

The complexities of family leave laws can be challenging, but with the help of an experienced lawyer, you will have all the support you need. Brandon J. Broderick, Attorney at Law has represented employees who need assistance understanding and exercising their rights under the New Jersey Family Leave Act. Our experienced attorneys are here to provide the guidance and support you need to ensure your rights are protected.

If you have questions about your rights under the NJFLA or believe your employer has violated your rights, contact us today for a free consultation.