Cherry Hill FMLA and Leave Discrimination Lawyer
The Family Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) are crucial pieces of legislation for many working families in Cherry Hill. These laws ensure covered workers cannot be fired or disciplined at work if they need to take time off to care for a family member. Unfortunately, just because state and federal laws prohibit discrimination on these grounds does not mean all employers don’t engage in discriminatory business practices.
If you were illegally denied leave or threatened with termination for exercising your rights under the FMLA or NJFLA, a local workplace discrimination attorney may be able to help. Once hired, a seasoned Cherry Hill FMLA and leave discrimination lawyer could help you understand your rights under these pieces of legislation and work with you to file suit against your employer.
How do State and Federal Laws Address Medical Leave Discrimination in Cherry Hill?
Both the FMLA and NJFLA allow covered employees to take unpaid for a family member’s serious medical condition. Specifically, workers who are protected under either statute may take leave for any of the following circumstances:
- Incapacity due to pregnancy or pregnancy-related complications
- Chronic or terminal health problems
- Injuries or illnesses that require inpatient medical care
- Injuries or illnesses that will result in three or more days of incapacity
- Maternity or paternity leave
Under the FMLA, any company with more than 50 employees living within 75 miles of the workplace must allow workers whose family members are suffering from serious health conditions to take a maximum of 12 weeks of leave within 12 consecutive months. Workers must be employed with the company for at least one year and work no less than 1,250 hours during that year to be eligible for family or medical leave.
The NJFLA, on the other hand, does not take employee proximity into account when determining whether a company must allow its qualifying employees to take leave when necessary. This law gives workers 12 weeks of leave within a 24-month period and allows them to take time off to care for in-laws, whereas federal law does not.
Filing Suit after an FMLA Violation
As long as a covered employee is clear about why they are seeking family or medical leave and how long they expect to be out of work, his or her employer cannot take any action to discipline or harass him or her for requesting time off. Additionally, the employer must offer a worker his or her previous role or an equivalent one once he or she returns to work.
Anyone whose employer takes or threatens to take disciplinary action for exercising their FMLA rights should speak with a Cherry Hill leave discrimination lawyer from our firm. Our legal team could help victims of family and medical leave discrimination recover various damages, including back pay, reinstatement at their old job, court and attorney costs, and more.
Speak with a Cherry Hill FMLA and Leave Discrimination Attorney
If you have worked at a qualifying company for a year or longer, you are guaranteed the right to take unpaid leave for family and medical emergencies under both state and federal law. Any attempt by an employer to infringe on that right should be taken seriously, and any losses you suffer as a result should be factored into a subsequent lawsuit.
A Cherry Hill FMLA and leave discrimination lawyer from our team could offer crucial guidance on how to protect your rights and best interests. To schedule a consultation, call us today.