The Family and Medical Leave Act of 1993 protects American workers and their families in the case of health related work absences. This regulation, governed by the United States Department of Labor, allows employees to take unpaid time off without losing their job under certain circumstances. This is an important protection not only for individuals who have been injured on the job, but also for individuals who are ill or have other reasons for missing work. Employers who fail to adhere to FMLA regulations may be in violation of federal law, particularly when that leads to a wrongful termination.
Today, our employee rights’ attorneys will be discussing what is covered by the Family Medical Leave Act, the rights of both employees and employers, and how violations of these regulations may entitle individuals to legal action.
What Does the FMLA Cover in Mercer County?
The Family and Medical Leave Act (FMLA) protects employees of all companies with 50 or more full-time employees, all public agencies, and all schools both public and private. If you are employed by an entity that fits any of those criteria, you should be covered by the FMLA. Our Mercer County FMLA attorneys understand that this entitles employees to take up to 12 weeks of unpaid leave each year, assuming they have worked a minimum of 1,250 hours over the past 12 months. Reasons for this medical leave may include:
- Short term disability or other serious health issues which prevent the individual from working
- Pregnancy, childbirth, or caring for a newborn child
- Taking time off to adopt or foster a child
- Caring for an immediate family member with a serious health issue or disability
Note that military family leave is governed by the National Defense Authorization Act. If you have any questions about your rights to take FMLA leave, please get in touch with a qualified Mercer County workers’ rights attorney.
Wrongful Termination and FMLA Claims Lawrence, NJ
Pennsylvania follows at-will employment statutes, meaning employers may generally hire and fire employees for any reason at any time. However, employees are protected from termination based on discriminatory reasons or exercising their legally mandated rights. Being terminated for using FMLA is a grounds for a wrongful termination claim.
Employers may attempt to deflect accusations of wrongful termination by claiming a different reason for letting you go. This is why working with a qualified and experience Lawrence, NJ employment attorney is essential to protect your legal rights. A qualified attorney will fight to show that you were in fact let go due to legal and rightful actions regarding FMLA leave.
In these cases, you may seek reinstatement or financial compensation to cover lost wages, compensatory damages, and punitive damages as well. Whatever your individual case, it is important to understand that you have legal rights and you are not alone. FMLA regulations are intended to protect both employees and employers when individuals must take time away from work. If you feel your rights have been violated in any way, our Lawrence, NJ employment attorneys are here to help.
Issues with FMLA Leave? Contact our Trenton Employee Rights Attorneys Today
The workers’ rights attorneys of Kamensky, Cohen & Riechelson have been serving employees for over four decades in local Mercer County communities such as Trenton, Princeton, New Brunswick, Lawrence, Hamilton, and all of Central New Jersey. We understand that it can be difficult to navigate paid medical leave, including usage of the FMLA with employers who either do not understand or do not adhere to state and federal laws. When workers are mistreated based on rightful utilization of their rights, our attorneys fight to reinstate their employment, seek financial compensation for wrongdoing, and more.
To learn more about your rights as a worker in New Jersey, please contact us online or call our Trenton, NJ offices today at (609) 528-2596 for a free and confidential consultation with a member of our qualified and experienced legal team.
