What Is the FMLA?

The Family and Medical Leave Act (FMLA) is a federal law designed to protect employees who need time off to address significant life events. It guarantees:

• Job Protection: Your employer must reinstate you to the same or an equivalent position when you return.
• Health Insurance Continuity: Your health benefits must remain intact while you’re on leave.
• Protection from Retaliation: Your employer cannot penalize you for requesting or taking FMLA leave.

The FMLA applies to eligible employees working for covered employers across the U.S., including in New Jersey and Philadelphia. If your employer tries to interfere with your rights, Swartz Swidler LLC can help you take action.

Who Is Eligible for FMLA Leave?

To qualify for FMLA leave, you must meet all three of the following criteria:

1. You’ve worked for your employer for at least 12 months (not necessarily consecutive).
2. You’ve worked at least 1,250 hours during the 12 months prior to requesting leave.
3. Your employer is a covered employer—this includes private companies with 50 or more employees, government agencies, and public/private schools.

Important Note: FMLA eligibility doesn’t automatically mean your employer will comply. If you’re unsure about your eligibility or suspect misclassification, reach out to Swartz Swidler LLC for guidance.

Common Qualifying Reasons for FMLA Leave

Under FMLA, employees can take leave for these qualifying reasons:

1. Birth or Bonding with a Newborn: Parents can take leave for the birth of their child or to bond with a newborn.
2. Adoption or Foster Care Placement: Covers both parents as they welcome a new child into their family.
3. Caring for a Family Member: Includes a spouse, child, or parent with a serious health condition.
4. Employee’s Own Health Condition: If your health condition prevents you from performing your job, FMLA applies.
5. Military Family Needs: Provides leave to care for family members injured during active duty or to address qualifying military-related exigencies.

New Jersey-Specific Information: Employees in NJ may also qualify for additional leave under the New Jersey Family Leave Act (NJFLA) to care for family members, even after exhausting FMLA leave. However, NJFLA does not cover an employee’s own health condition.

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Your Rights Under FMLA and NJFLA

When you take leave under FMLA or NJFLA, you are entitled to:

1. Job Protection: Employers must reinstate you to the same or a comparable role with the same pay, benefits, and responsibilities.
2. Health Insurance Continuity: Your employer must maintain your group health benefits during leave.
3. No Retaliation: Employers cannot punish, harass, or fire you for exercising your legal right to take leave.

Example: If you take leave for a family emergency and return to find that your position has been eliminated, your employer must offer you a comparable role or demonstrate that the change would have occurred regardless of your absence.

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Common FMLA Violations by Employers

Unfortunately, some employers violate FMLA and NJFLA protections, either knowingly or through negligence. Common violations include:

• Denial of Valid FMLA Requests: Claiming you’re not eligible despite meeting the criteria.
• Retaliation: Punishing employees for taking leave through termination, demotion, or harassment.
• Failure to Reinstate: Refusing to return employees to their original or equivalent position.
• Health Insurance Interruption: Cancelling or failing to maintain benefits during leave.
• Harassment During Leave: Pressuring employees to return early or work remotely during leave.

Have you faced any of these issues? Contact Swartz Swidler LLC to hold your employer accountable.

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Filing an FMLA Claim: Protect Your Rights

If your employer denies your FMLA leave, retaliates against you, or violates your rights in any way, here’s what you should do:

1. Document Everything: Keep records of all communications, emails, and performance reviews. Document retaliatory actions, such as unfair write-ups or changes to your role.
2. File a Complaint: Submit your complaint to the U.S. Department of Labor (DOL) or the New Jersey Division on Civil Rights (DCR).
3. Seek Legal Help: An experienced attorney can guide you through the process, ensuring your claim is strong and effective.

Filing Deadlines:

• NJDCR: File within 180 days of the violation.
• Federal FMLA claims: Deadlines may vary, so act quickly.

Why Choose Swartz Swidler LLC?

At Swartz Swidler LLC, we’ve spent years protecting the rights of employees across New Jersey and Philadelphia. Here’s why clients trust us:

• Proven Success: We’ve helped countless employees secure compensation for wrongful terminations and FMLA violations.
• Personalized Support: Every case is unique, and we tailor our approach to meet your specific needs.
• Extensive Experience: Our team is deeply knowledgeable about both federal FMLA laws and NJFLA regulations.

Your time off should be spent caring for yourself or your loved ones—not fighting your employer. Call us today for help.

FAQs: FMLA in NJ and Philadelphia

• Q: Can I get paid while on FMLA leave?
  • A: FMLA leave is unpaid, but NJ residents may qualify for partial wage replacement through Temporary Disability Insurance (TDI) or family leave insurance programs.
• Q: What should I do if my employer denies my FMLA leave?
  • A: Document the denial and consult an experienced employment lawyer immediately. Misclassifications or retaliation may entitle you to compensation.
• Q: Does NJFLA provide additional leave?
  • A: Yes. NJFLA offers up to 12 weeks of leave in a 24-month period to care for family members and doesn’t overlap with FMLA.

Contact Us for a Free Consultation

If you’ve been denied FMLA leave, faced retaliation, or experienced other violations of your rights, Swartz Swidler LLC is here to help. Serving clients across New Jersey and Philadelphia, we are dedicated to protecting workers and ensuring their rights are upheld.

Call (856) 685-7420 or fill out our online contact form to schedule your free consultation today.