A great many of our cases involve discrimination and retaliation. We are heavily involved in cases of discrimination based on race, disability, gender, national origin, and ethnicity.
The Family and Medical Leave Act ("FMLA")
The Family and Medical Leave Act (FMLA) is a federal statute that allows employees to take time off from work to either care for a child or spouse, or to recover from a medical condition that renders an employee unable to perform work functions. The legislative purpose behind the FMLA is to protect employees with familial needs and their own medical needs without affecting the security of their employment. In enacting the statute, Congress noted the importance of parents and family members being able to participate in early childrearing and the care of family members with health conditions.
The FMLA has particular qualifications which must be satisfied in order for an employee to exercise a right to medical leave. An employer may request a certification to ensure that the employee is entitled to a medical leave under the FMLA. A qualified employee is entitled to twelve workweeks of leave during a twelve-month period of time. Some of the qualifying reasons for taking a leave include the birth or adoption of a child, to care for a spouse or child, or for personal recovery from a serious health condition. During the employee’s leave, the employer must maintain the employee’s health and insurance. Upon the employee’s return, the employer must reinstate the employee’s position or provide an equivalent position.
Under the FMLA, twelve weeks is the maximum amount of time employers are required to grant. Any additional time needed is at the discretion of the employer. If an employee fails to return to work at the end of their twelve weeks of FMLA leave without any additional time being granted by the employer, the employee could be terminated by the employer. Some employers have policies in place which allow employees to take leave for designated periods that are separate from any time granted under the FMLA.
It is important that employees are aware of their employment policies on leaves of absence. If an employee is qualified to take leave pursuant to the FMLA, the employer may require that the twelve weeks of FMLA leave run at the same time as any paid or unpaid leave due the employee under a separate law or an employment policy. The employee should be aware of the provisions of employment policies on leaves of absence so they may effectively utilize the time off while maintaining security in their employment.
Do you believe your employer has interfered with your rights under the FMLA, or retaliated against you for taking FMLA leave? It’s important to act quickly to find out if you may have an FMLA interference or retaliation claim. Since every situation is different, an experienced employment attorney can help you fully understand your rights under the FMLA.
The attorneys at Hyderally & Associates are ready to help you. They have experience working with the FMLA, so they can review your situation and provide information to help you decide if you would like to pursue a claim against your employer under the FMLA. Call an experienced New Jersey employment attorney at (973) 509-8500.
This article is for informational purposes only. It does not constitute legal advice, and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice with regard to your particular set of facts. This article may constitute attorney advertising. This article is not intended to communicate with anyone in a state or other jurisdiction where such an article may fail to comply with all laws and ethical rules of that state or jurisdiction.