When life circumstances demand your attention—such as the birth of a child, a serious illness, or caring for a family member—the law gives you the right to take time off without losing your job. Under the Family and Medical Leave Act (FMLA), eligible employees in Hamilton Township can take unpaid, job-protected leave for qualifying family and medical reasons. Knowing your rights under this law can protect both your job and your peace of mind.
What Is the Family and Medical Leave Act (FMLA)?
The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid leave during a 12-month period for specific life events. These include:
- The birth or adoption of a child
- Caring for a newborn or newly adopted child
- Caring for a spouse, child, or parent with a serious health condition
- Recovering from your own serious health condition
- Certain circumstances arising from a family member’s military service
In some cases, employees may be eligible for up to 26 weeks of leave to care for a covered military service member with a serious injury or illness.
Am I Eligible for FMLA Leave?
To qualify for FMLA leave, you must:
- Work for a covered employer (private employers with 50 or more employees, or any public agency)
- Have worked for your employer for at least 12 months
- Have worked at least 1,250 hours in the 12 months prior to taking leave
- Work at a location where 50 or more employees are employed within 75 miles
Your Rights Under FMLA
If you are eligible and approved for FMLA leave, you are entitled to:
- Return to the same or an equivalent position after leave
- Continuation of group health insurance coverage during leave
- Protection from retaliation or interference by your employer
It is illegal for an employer to deny your valid request for leave or to discipline or terminate you for taking protected leave under the FMLA.
Notice and Certification Requirements
While you are not required to mention “FMLA” by name, you must provide enough information for your employer to determine whether the leave qualifies. Employers may request medical certification to support your leave request. You are typically required to give 30 days’ advance notice when the need is foreseeable.
What If My Employer Violates My FMLA Rights?
If your employer denies your request, retaliates against you for taking leave, or fails to restore you to your previous position, you may have a claim for FMLA interference or retaliation. You could be entitled to:
- Reinstatement to your position
- Back pay for lost wages and benefits
- Liquidated damages (double your losses)
- Attorney’s fees and legal costs
How Castronovo & McKinney Can Help
Castronovo & McKinney, Employment Law Attorneys assist employees in Hamilton Township and throughout New Jersey who have been denied their FMLA rights. Whether you’re seeking to take protected leave or facing retaliation for using it, their experienced legal team will ensure your rights are protected and help you take action against unlawful employer conduct.
Contact Castronovo & McKinney, LLC Today
Don’t let fear or confusion prevent you from caring for your health or family. If you’re unsure of your rights or have experienced pushback from your employer, contact Castronovo & McKinney for trusted legal support.
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
