Protecting the Rights
of Employees
of Employees
Medical Leaves
Bergen County Employment Law Attorneys Standing Up for Workers’ Rights
When your health is on the line, the last thing you should have to worry about is losing your job. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we stand up for employees who need time off for medical reasons and face pushback from their employers. Whether you are seeking to take a medical leave, were denied reinstatement after a leave, or were punished or retaliated against for exercising your rights, our Bergen County medical leave attorneys are here to help. We handle claims under the Family & Medical Leave Act and other laws that protect your right to care for yourself without putting your livelihood at risk.
The Family & Medical Leave Act
The Family and Medical Leave Act (“FMLA”) is a federal law that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave per year for certain qualifying reasons—including to care for their own serious health condition. This can include time off for surgery, chronic illnesses, mental health conditions, or recovery from a serious injury or medical treatment.
Not every employee is covered under the FMLA. To qualify, you must have:
- Worked for your employer for at least 12 months (these months do not need to be consecutive),
- Logged at least 1,250 hours of work during the 12 months immediately before your leave begins, and
- Worked at a location where your employer has at least 50 employees within a 75-mile radius.
If you meet these criteria, your employer is legally required to provide you with eligible leave and restore you to your job—or an equivalent one—when you return.
The Right to Return to Your Job
One of the primary protections offered by the FMLA is that, with limited exceptions, employees who take protected time off are entitled to return to their previous jobs or an equivalent one when they return to work at the end of their leaves. In other words, it requires your employer to either reinstate you to your job, or to find you an equivalent job in terms of the job duties, salary, benefits and office location.
That being said, employees on FMLA leave can still be fired for reasons that are not related to their time off from work. For example, an employer has the right to lay off an employee who is on medical leave as long as its decision is unrelated to the employee’s legally protected leave of absence.
Protection Against Retaliation
The FMLA also makes it illegal for employers to retaliate against employees who request time off under it. For example, it would violate the law for an employer to fire, demote or harass an employee because he or she took or requested time off pursuant to the FMLA.
Am I Entitled to Get Paid While I Am on a Medical Leave?
The FMLA does not require employers to pay employees while they are on medical leave.
However, disabled employees in New Jersey may be eligible for state disability insurance benefits. In addition, employees can use their accrued paid time off, such as vacation and sick time, during a protected leave. Further, although employers are not required to do so, some have policies pursuant to which they pay employees for part or all of the time they are on a medical leave or offer their workers private short-term disability insurance benefits.
Time Off as a Reasonable Accommodation
If you are not covered by the FMLA, or if you have used up your 12 weeks of FMLA leave, you still may be entitled to time off as a reasonable accommodation for a disability. Our Bergen County medical leave attorneys can help employees who are entitled to take time off due to a medical condition, whether or not it is covered by the FMLA.
Family Leaves May Offer Another Option for Some Employees
In addition to allowing employees to take time off for their own serious health conditions, the FMLA, as well as the New Jersey Family Leave Act (“NJFLA”), permit employees to take time off to care for members of their immediate family who have a serious health condition.
Time Off for Victims of Sexual and Domestic Violence
While it might not always be covered by the FMLA or the NJFLA, the NJ SAFE Act entitles employees to take time off after they, or a member of their immediate family, have been the victim of domestic violence or a sexual assault. You can learn more about the NJ SAFE Act on our discrimination against victims of domestic violence page.
Contact Our Bergen County Medical Leave Attorneys Today
If you are dealing with a medical issue and your employer is making things harder rather than easier, it is time to understand your rights. At Rabner Baumgart Ben-Asher & Nirenberg, P.C., we help employees across New Jersey stand up to unfair treatment when they need medical leave. Whether you are being denied time off, pressured not to take it, or facing retaliation for using it, we are here to help.
Call us at (201) 777-2250 or contact us online to schedule a consultation. We will listen to your story, explain your legal options, and give you honest guidance about how to move forward.
Additional Information
For more information about your legal rights, please see our four-part series of Frequently Asked Questions About the FMLA, which was written by our New Jersey medical leave lawyers: