Balancing work responsibilities with serious health conditions or family needs can be challenging. The Family and Medical Leave Act (FMLA) provides eligible employees with job-protected leave during critical life events. When employers interfere with those rights or retaliate against employees for taking leave, legal protections may apply.

Castronovo & McKinney, LLC focuses exclusively on employment law and represents employees in Woodbridge Township and throughout New Jersey in leave-related disputes. Evaluating whether FMLA protections apply requires a careful review of eligibility and employer obligations.

What the FMLA Provides

The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying reasons. These may include:

  • The birth of a child and bonding time
  • Adoption or foster placement
  • A serious health condition affecting the employee
  • Caring for a spouse, child, or parent with a serious health condition
  • Certain military family circumstances

During FMLA leave, employers must generally maintain group health insurance benefits and restore the employee to the same or an equivalent position upon return.

Eligibility Requirements

Not all employees automatically qualify for FMLA protection. Eligibility generally requires:

  • At least 12 months of employment with the employer;
  • At least 1,250 hours worked during the prior 12 months; and
  • Employment at a worksite that meets federal coverage thresholds.

Careful review of work history and employer size is often necessary to determine eligibility.

Interference and Retaliation

Employers may not interfere with an employee’s ability to take protected leave. Denying a valid leave request, discouraging leave usage, or failing to reinstate an employee may constitute unlawful interference.

Retaliation is also prohibited. Termination, demotion, or negative performance evaluations tied to leave usage may give rise to separate legal claims.

Interaction with New Jersey Leave Laws

In addition to the FMLA, New Jersey employees may also be protected under the New Jersey Family Leave Act (NJFLA). Understanding how federal and state leave laws interact can affect the amount of protected leave available.

Strategic legal guidance helps ensure that leave rights are fully preserved.

Potential Remedies

Employees who prevail in FMLA claims may recover lost wages, benefits, and other damages allowed under the statute. In some cases, additional damages may apply.

Because leave disputes are subject to strict timelines, early legal evaluation is important.

Learn More About FMLA Rights in Woodbridge Township

For additional information regarding leave protections in Woodbridge Township, review this resource: Woodbridge Township Family Medical Leave Act (FMLA) Attorney.

Contact Castronovo & McKinney, LLC

Castronovo & McKinney, LLC
71 Maple Ave
Morristown, NJ 07960
Phone: 973-920-7888
Email: tom@cmlaw.com
Hours: Monday – Friday, 9:00 AM – 6:00 PM

The firm represents employees and employers throughout Woodbridge Township and across New Jersey, including Bergen County, Essex County, Middlesex County, and Morris County, as well as communities such as Newark, Hackensack, and New Brunswick.