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Family Medical Leave Act (FMLA) Archives

May a NJ Employer Lawfully Fire an Employee During or Shortly After a Family or Medical Leave?

Federal and New Jersey laws protect workers’ job rights when they take family or medical leave. The Family and Medical Leave Act (federal) and Family Leave Act (NJ) state that employees in the public or private sectors may take up to 12 weeks of unpaid leave per year for a number of reasons, including the

Third Circuit Court Says Employers Must Fairly Evaluate Workers’ Medical Leave Certifications, Even Defective Ones.

Employees are not always aware of their leave rights under the Family Medical Leave Act (FMLA), which allows them time off to address a medical condition. Sometimes workers who know about the program experience difficulty securing their benefits. They may face retaliation for applying for leave or, in the worst case, find that their job has been terminated. Employers routinely deny FMLA leave when the request is based on an invalid or insufficient medical certification.


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Employer must let employee know about right to FMLA leave

Since we have discussed the matter in previous posts, readers may be aware that in many situations employees are able to take a leave of absence from work to address medical issues that either they themselves are dealing with, or that close family members–such as a spouse–are working through. Under the Family Medical Leave Act,

Fired after medical leave of absence? Consider legal options

Many people are willing to provide care when a member of their family falls ill. In some situations this causes a caregiver to have to miss work. The federal Family and Medical Leave Act and the New Jersey Family Leave Act protect a worker against the loss of a job when this becomes necessary. Unfortunately not

Know and Protect Your Rights: Work leave under federal and state laws can be tricky to navigate!!

Did you know that federal law provides qualified workers in the state of New Jersey with up to 12 weeks of unpaid leave per year to address serious health conditions? Under the Family Medical Leave Act (“FMLA”), employers are required to protect employees’ jobs while out on leave. While these legal rights exist, employees are

US Department of Labor seeks to redefine “spouse” and “marriage” under FMLA.

The Family and Medical Leave Act provides many public and private sector employees with the option to stay out of work for a period of 12 weeks each year, without pay, for medical reasons. This is true whether it is the worker him or herself who is ill, or a member of his or her

Who qualifies for unpaid leave and job protection under the federal Family and Medical Leave Act?

Life does not always run smoothly.  Whether we like it or not, there may come a time when day-to-day tasks are interrupted by medical issues that pull you away from responsibilities of daily life, including work. Many workers who find that they are facing this reality will not know what rights they have.  Under the federal

Company ordered to pay $55,000 for denying pregnancy leave

A company in New Jersey has agreed to pay $55,000 in damages to an employee who was fired when she took pregnancy leave. The agreement will also require Trane U.S. Inc. to amend their policy on medical leave to include pregnancy and pay a fine of $15,000 to the Division on Civil Rights. The new

Will U.S. create a paid family and medical leave fund for all?

Under the Family Leave Act (“FLA”), New Jersey residents have the right to take unpaid leaves from employment in the event of an illness, adoption, or childbirth, or to care for a seriously ill family member. The federal Family and Medical Leave Act (“FMLA”) also provides job protection during leaves. While FMLA leaves are unpaid, the

Is it possible to take FMLA leave to care for extended family?

Employees in New Jersey should be aware that there are laws in place to protect them from being mistreated at work. There are certain laws with which companies must comply or face the penalties of violating an employee’s rights. This is true when it comes to harassment, discrimination, wrongful termination and even wrongfully denied medical

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