Introduction
If you’re facing a serious health condition or need time off to care for a loved one, you may wonder whether your employer can legally deny your request for medical leave in New Jersey. While laws like the Family and Medical Leave Act (FMLA) and New Jersey Family Leave Act (NJFLA) provide protections, not all employees qualify, and employers do have some legal grounds to deny leave in certain situations.
Understanding your rights can be complex, which is why Swartz Swidler is here to help. Our firm specializes in employment law and can guide you through the process of securing the leave you need.
Understanding Your Rights Under FMLA and NJFLA
Federal and state laws protect employees who need time off for medical reasons, but these protections come with conditions.
FMLA Protections
The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid leave per year for:
- A serious health condition
- Caring for a spouse, child, or parent with a serious health condition
- The birth or adoption of a child
To qualify, you must work for a covered employer (one with 50 or more employees within 75 miles) and have worked at least 1,250 hours in the past 12 months.
NJFLA Protections
The New Jersey Family Leave Act (NJFLA) allows up to 12 weeks of unpaid leave every two years. However, NJFLA does not cover personal medical leave. It only applies to:
- Bonding with a newborn or newly adopted child
- Caring for a family member with a serious health condition
If you’re looking for job-protected medical leave for your own health condition, you will need to rely on FMLA or other protections like the New Jersey Law Against Discrimination (NJLAD) for reasonable accommodations.
For a deeper look into wrongful termination and retaliation, visit our page on workplace retaliation cases.
When Can an Employer Deny Your Medical Leave?
Despite these protections, employers can legally deny medical leave under certain circumstances:
- You Are Not Eligible – If you haven’t met the 1,250-hour FMLA requirement or work for a small employer, you may not qualify.
- Your Condition Doesn’t Meet Legal Definitions – If your medical issue does not qualify as a “serious health condition” under FMLA, your employer can reject your request.
- You Failed to Provide Proper Notice – Employees must give at least 30 days’ notice for foreseeable leave (such as surgery). In emergencies, notice must be given as soon as possible.
- Your Employer Classifies You as “Essential” – In limited cases, highly paid or key employees may be denied reinstatement if their absence causes significant financial harm to the company.
- Your Leave Exceeds What’s Legally Allowed – Once your FMLA or NJFLA leave is exhausted, an employer can require you to return to work or face termination.
If you believe your leave request was unfairly denied, you may have a case for disability discrimination or wrongful termination. Learn more about filing a lawsuit against your employer.
What to Do If Your Employer Denies Your Request
If your employer refuses to approve your leave request, take the following steps:
- Review Your Rights – Check whether you meet the eligibility requirements for FMLA or NJFLA.
- Request Written Denial – Ask your employer to explain their reasoning in writing.
- Consult HR – Your company’s HR department may help resolve the issue.
- Seek Legal Assistance – If you suspect a violation of your rights, contact Swartz Swidler to discuss your case.
Our firm has successfully handled numerous FMLA violation and wrongful termination claims. We can assess whether your employer acted unlawfully and help you fight for justice.
Contact Swartz Swidler for Legal Support
If you believe your medical leave rights have been violated, don’t wait to take action. The attorneys at Swartz Swidler are dedicated to protecting employees in New Jersey and Pennsylvania.
Call us today for a free consultation and let us help you navigate your legal options.
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