Understanding Your Rights Under the Family Medical Leave Act (FMLA) in Egg Harbor Township
Balancing work responsibilities with personal and family health needs can be challenging. Fortunately, the Family Medical Leave Act (FMLA) provides eligible employees with job-protected leave for specific medical and family-related reasons. Despite these protections, many employees face challenges such as FMLA denials, retaliation, or wrongful termination after taking leave. If you believe your FMLA rights have been violated, an experienced employment lawyer can help you understand your legal options.
What is the Family Medical Leave Act (FMLA)?
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for certain family and medical reasons. This law ensures that employees can care for their health or family without the fear of losing their job or health insurance coverage.
Who is Eligible for FMLA Leave?
To qualify for FMLA leave, you must meet the following criteria:
- You’ve worked for your employer for at least 12 months (not necessarily consecutively).
- You’ve worked at least 1,250 hours during the 12 months prior to taking leave.
- Your employer has at least 50 employees within a 75-mile radius of your worksite.
What Situations Qualify for FMLA Leave?
FMLA leave can be used for a variety of family and medical reasons, including:
- Personal Health Issues: If you’re unable to work due to a serious health condition.
- Family Member’s Health: To care for a spouse, child, or parent with a serious health condition.
- Parental Leave: For the birth of a child, adoption, or placement of a child in foster care.
- Military Family Leave: For qualifying exigencies related to a family member’s military deployment.
- Care for a Covered Servicemember: Up to 26 weeks of leave to care for a covered servicemember with a serious injury or illness.
What Protections Does the FMLA Provide?
The FMLA offers several key protections for employees:
- Job Protection: Your employer must reinstate you to the same or an equivalent position after your leave.
- Continuation of Health Benefits: Your employer must maintain your group health insurance coverage during your leave.
- Protection from Retaliation: Your employer cannot retaliate against you for requesting or taking FMLA leave.
Common FMLA Violations by Employers
Unfortunately, not all employers comply with FMLA requirements. Common violations include:
- Denying valid FMLA leave requests
- Terminating or demoting employees for taking FMLA leave
- Refusing to reinstate employees to their previous or equivalent positions
- Retaliating against employees who exercise their FMLA rights
- Failing to inform employees of their FMLA rights and obligations
What to Do If Your FMLA Rights Are Violated
If you believe your employer has violated your FMLA rights, take the following steps to protect yourself:
- Document Everything: Keep detailed records of your leave request, communications with your employer, and any adverse actions taken against you.
- Review Company Policies: Familiarize yourself with your employer’s FMLA policies to ensure they align with federal requirements.
- File a Complaint: You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division if your rights have been violated.
- Consult an Employment Lawyer: An experienced attorney can help you navigate the legal process, file a claim, and seek compensation if necessary.
How an Employment Lawyer Can Help
FMLA violations can be complex, and proving your case may require extensive documentation and legal expertise. An employment lawyer can:
- Evaluate your case to determine if your FMLA rights were violated
- Gather evidence, including emails, medical records, and witness statements
- File legal claims with the Department of Labor or pursue a lawsuit if necessary
- Negotiate settlements for lost wages, emotional distress, and legal fees
- Represent you in court if your case goes to trial
Why Choose Castronovo & McKinney?
When your job and health are on the line, you need legal advocates dedicated to Protecting Your Rights. Castronovo & McKinney, LLC has extensive experience handling FMLA cases for employees in Egg Harbor Township and throughout New Jersey. Their legal team is committed to holding employers accountable and ensuring workers receive the protections they’re entitled to under the law.
Take Action Today—Don’t Let FMLA Violations Go Unchallenged
If you believe your FMLA rights have been violated, don’t wait to seek legal assistance. Contact Castronovo & McKinney today to schedule a consultation and protect your job, health, and legal rights.
Contact Information
New Jersey Office:
71 Maple Ave, Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830, New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781
