Who is eligible for FMLA leave?

FMLA eligibility depends on both the employer and employee. In general, an employee is eligible for FMLA leave if the employee:

• works for a covered employer;
• has worked for the employer for at least 12 months;
• has worked at least 1,250 hours during the 12 months before leave starts; and
• works at a location where the employer has at least 50 employees within 75 miles.

Eligibility can be complicated for remote workers, transferred employees, employees working at smaller sites, and workers whose employer uses multiple locations or related entities. If your employer says you are not eligible, do not assume the employer is correct without reviewing the facts.

Common qualifying reasons for FMLA leave

FMLA leave may be available for several qualifying reasons, including:

• your own serious health condition that makes you unable to perform your job;
• care for a spouse, child, or parent with a serious health condition;
• birth of a child and bonding with the newborn;
• placement of a child for adoption or foster care and bonding with the child;
• certain qualifying military exigencies; and
• military caregiver leave for a covered servicemember in certain circumstances.

A serious health condition may include inpatient care or continuing treatment by a health care provider. Examples may include surgery, pregnancy-related conditions, childbirth recovery, cancer treatment, serious injuries, chronic conditions, severe mental health conditions, or other qualifying medical conditions.

What is FMLA interference?

FMLA interference happens when an employer interferes with, restrains, or denies an employee’s rights under the FMLA. The employer does not have to use the words “FMLA interference” for the conduct to be a problem.

Examples of possible FMLA interference include:

• denying leave when the employee is eligible;
• discouraging an employee from requesting leave;
• failing to provide required FMLA notices;
• demanding more medical information than the law allows;
• failing to give time to provide medical certification;
• refusing to accept a complete and sufficient certification;
• counting protected FMLA absences against the employee;
• pressuring the employee to work while on leave;
• requiring the employee to return early without a valid reason;
• failing to maintain group health benefits during leave; or
• failing to reinstate the employee after protected leave.

What is FMLA retaliation?

FMLA retaliation happens when an employer punishes an employee for requesting FMLA leave, taking FMLA leave, opposing an FMLA violation, or participating in an FMLA-related process.

Retaliation may include:

• termination after requesting or taking leave;
• discipline shortly after leave;
• negative performance reviews after leave;
• schedule cuts or worse shifts;
• demotion or reduced responsibilities;
• loss of bonuses or opportunities;
• harassment or pressure to resign;
• accusations of attendance abuse after protected leave; or
• refusal to restore the employee to the same or equivalent role.

If you were punished after requesting or taking leave, the issue may involve medical leave retaliation.

FMLA medical certification and doctor’s notes

An employer may request medical certification to support FMLA leave for a serious health condition. However, the certification process has rules. Employees generally must be given at least 15 calendar days after the employer’s request to provide the certification, and the employer may need to give an opportunity to correct incomplete or insufficient certification.

Medical certification usually should focus on the need for leave, expected duration, and relevant medical facts. Employees generally do not have to provide complete medical records to an employer.

If your employer is demanding excessive medical information, rejecting a doctor’s note, or refusing to explain what is missing from a certification, review Swartz Swidler’s guide on whether your employer can request a doctor’s note after taking time off.

 

What if you are thinking about quitting while on medical leave?

If your employer is pressuring you to resign, refusing to discuss accommodations, threatening termination, or making it difficult to return after protected leave, do not assume resignation is your only option. Quitting can affect unemployment, severance, health insurance, job restoration rights, and possible legal claims.

Before resigning, review Swartz Swidler’s guide to quitting while on medical leave.

What is the New Jersey Family Leave Act?

The New Jersey Family Leave Act, or NJFLA, is a New Jersey law that provides eligible employees of covered employers with job-protected family leave. Unlike the FMLA, the NJFLA generally does not cover leave for the employee’s own serious health condition. It is focused on family caregiving, bonding with a child, and certain emergency-related family leave reasons.

Under current NJFLA rules, eligible employees of covered employers generally may take up to 12 weeks of job-protected leave in a 24-month period for qualifying family leave reasons. New Jersey has announced NJFLA amendments effective July 17, 2026, expanding access to additional employees and private employers. Because those changes are timing-sensitive, employees and employers should confirm which rules apply at the time leave is requested.

FMLA vs. NJFLA: Key differences for New Jersey employees

Issue	FMLA	NJFLA
Type of law	Federal job-protected leave law.	New Jersey job-protected family leave law.
Leave period	Generally up to 12 weeks in a 12-month period.	Generally up to 12 weeks in a 24-month period.
Employee’s own health condition	May be covered if the condition qualifies and the employee is eligible.	Generally not covered for the employee’s own health condition.
Family caregiving	May cover care for a spouse, child, or parent with a serious health condition.	May cover care for a family member or someone equivalent to family with a serious health condition.
Bonding leave	May cover bonding after birth, adoption, or foster placement.	May cover bonding after birth, adoption, or foster placement.
Paid benefits	FMLA itself is generally unpaid, but paid leave may run at the same time.	NJFLA is job protection, not wage replacement. NJ Family Leave Insurance or Temporary Disability Insurance may provide cash benefits in some situations.

New Jersey paid leave benefits are different from job protection

New Jersey employees sometimes confuse job-protected leave with paid leave benefits. FMLA and NJFLA can protect your job, but they are generally separate from wage replacement programs.

New Jersey Temporary Disability Insurance may provide cash benefits when an employee cannot work because of their own non-work-related medical condition. New Jersey Family Leave Insurance may provide cash benefits when an employee takes time to bond with a new child, care for a loved one, or handle certain domestic or sexual violence-related matters. These benefit programs do not always provide job protection by themselves, so employees should evaluate both wage replacement and job protection separately.

Common FMLA and NJFLA violations

Employers may violate leave laws in many ways. Some violations are direct, such as denying leave. Others are more subtle, such as discouraging leave or retaliating after the employee returns.

Common issues include:

• denying a valid leave request;
• misstating eligibility rules;
• failing to provide required notices;
• discouraging an employee from taking leave;
• demanding excessive medical information;
• rejecting certification without explaining what is missing;
• failing to reinstate the employee;
• returning the employee to a worse position;
• cutting hours after leave;
• disciplining the employee for protected absences;
• pressuring the employee to work during leave;
• canceling or interfering with benefits; or
• firing the employee after a leave request.

If you were terminated shortly after requesting leave, taking medical leave, submitting doctor’s notes, or asking to return with restrictions, you may also want to review whether you were fired after medical leave.

What should you do if your employer denies FMLA leave or retaliates?

1. Save your leave request and employer response

Save emails, texts, HR portal screenshots, letters, leave forms, denial notices, and any messages about your need for leave.

2. Keep copies of medical certification and doctor’s notes

Save all certification requests, completed forms, doctor’s notes, cure notices, return-to-work notes, and messages from your provider or HR.

3. Write a timeline

Record when you requested leave, who you told, what you said, what documents you submitted, when the employer responded, and what changed afterward.

4. Track retaliation after the request

Document discipline, schedule changes, reduced hours, negative reviews, demotion, harassment, exclusion, failure to reinstate, or termination after requesting or taking leave.

5. Do not sign severance too quickly

If your employer offers severance after a leave dispute, the agreement may include a release of claims. Consider getting legal advice before signing.

6. Speak with an employment lawyer quickly

Leave claims can involve strict deadlines and complicated overlapping laws. Early legal guidance can help preserve evidence and protect your options.

What deadlines apply to FMLA and NJFLA claims?

Deadlines depend on the claim, forum, and facts. FMLA lawsuits generally must be filed within two years after the last alleged violation, or within three years for a willful violation. New Jersey employees who file an NJFLA complaint with the New Jersey Division on Civil Rights generally must do so within 180 days of the incident. Other claims and court deadlines may differ.

Because leave claims often overlap with disability discrimination, retaliation, wrongful termination, wage issues, or severance agreements, employees should get advice quickly instead of relying on a single deadline.

How Swartz Swidler can help

FMLA and medical leave cases are fact-specific. Swartz Swidler can help evaluate eligibility, leave requests, medical certification issues, employer notices, reinstatement rights, retaliation, and damages.

Our attorneys help employees with matters involving:

• denied FMLA leave;
• denied NJFLA leave;
• medical leave retaliation;
• failure to reinstate after leave;
• termination after requesting leave;
• pressure to return early;
• working during protected leave;
• doctor’s note and certification disputes;
• disability accommodation issues connected to medical leave;
• pregnancy, childbirth, bonding, and family leave issues;
• severance review after leave-related termination; and
• wrongful termination after protected leave.

Medical leave disputes often overlap with related employment issues. Employees may need guidance about doctor’s notes after taking time off, quitting while on medical leave, medical leave retaliation, or being fired after medical leave.

 

Frequently asked questions about FMLA and NJFLA

What is FMLA leave?

FMLA leave is unpaid, job-protected leave for eligible employees of covered employers who need leave for qualifying family and medical reasons.

Who is eligible for FMLA leave?

Employees generally must work for a covered employer, have worked for the employer for at least 12 months, have worked at least 1,250 hours in the prior 12 months, and work at a location where the employer has at least 50 employees within 75 miles.

Can I take FMLA for my own medical condition?

Yes, if you are eligible and your condition qualifies as a serious health condition that makes you unable to perform your job.

Does NJFLA cover my own medical condition?

Generally, no. NJFLA is primarily for family caregiving and bonding leave. Your own medical condition may be covered by FMLA, disability accommodation laws, sick leave, or New Jersey Temporary Disability Insurance depending on the facts.

Can my employer deny FMLA leave?

An employer may deny FMLA leave if the employee is not eligible, the employer is not covered, the reason does not qualify, or required certification is not provided. But an improper denial may support an FMLA interference claim.

Can my employer fire me after FMLA leave?

An employer should not fire an employee because they requested or took protected FMLA leave. If the termination is connected to protected leave, the employee may have a retaliation or interference claim.

Can my employer ask for medical certification?

Yes, an employer may request medical certification for FMLA leave involving a serious health condition. Employees generally must be given at least 15 calendar days to provide certification.

Do I have to provide full medical records for FMLA?

Usually, no. An employer may request medical certification with sufficient medical facts, but employees generally are not required to provide complete medical records.

Can I be required to work while on FMLA leave?

Limited, occasional contact may happen in some workplaces, but repeated work demands during protected leave may raise interference concerns depending on the facts.

How soon should I contact an FMLA lawyer?

You should seek legal guidance as soon as possible if leave is denied, your job is threatened, your employer is demanding excessive documentation, or you were punished after requesting or taking leave.

Talk to an FMLA lawyer in New Jersey or Philadelphia

If your employer denied leave, interfered with your medical leave, refused to reinstate you, or retaliated after you requested or used leave, Swartz Swidler can help you understand your rights and options.

This page is for general informational purposes only and is not legal advice. FMLA, NJFLA, medical leave, disability accommodation, retaliation, and wrongful termination claims depend on the facts, applicable law, deadlines, employer size, employee status, and available evidence.