7 Signs That It’s Time To Hire An FMLA Attorney In New Jersey
The Family and Medical Leave Act or FMLA is a federal law that every business across the country should follow. It provides eligible workers with 12 weeks or three months’ worth of unpaid leave annually, which they can use to take care of ailing family members, recover from a serious illness or injury, or bond with a newborn child.
Because not all employers understand the rules and their obligations under the law, many of them commit violations. The following are some situations when you need to seek legal assistance from an FMLA attorney in New Jersey.
Denied Medical or Disability-Related Leave
All employees who have worked for a single employer for at least 12 months are entitled to FMLA leave. If you are an eligible employee but are denied or discouraged from taking time off due to a medical-related reason, you may have a claim.
Requiring Too Much Notice
The employer may also be violating your rights as an employee if he or she is asking you to give too much notice of foreseeable leave than is required. Remember, that the law requires employees to inform their employers at least 30 days before the actual FMLA leave.
Discontinued Group Health Insurance
One of the signs you need to seek legal assistance is when your employer refuses to continue paying for your health insurance while you are on FMLA leave. You have a valid claim if you are still paying your usual share of the premiums. Part of the responsibility of your employer is to explain in advance how or when you must pay your premiums.
Pressuring You to Return to Work
It is okay for the employer or manager to check in with you while on FLMA leave and ask about your plans for coming back. However, if they keep on contacting you about work or convincing you to return earlier than expected, you should talk to an FMLA lawyer.
Delaying Your Return to Work
On the other side of the spectrum, some employers postpone an employee’s return to work. This is not allowed under FMLA. As long as you inform your employer at least two days before your return to work, you must be reinstated to your old position without delay.
Gave You a Different Job Upon Returning
FMLA protects employees from losing their job during leave. It is expected that you will be given your previous position back. An employer may give you a job equivalent to it in terms of pay, duties, benefits, work site, and shift assignments. They cannot assign a different job just because they hired a replacement.
Failing to Restore All Job Benefits
Aside from your job, your employer is also legally obligated to restore the benefits that you were not able to get during your leave. They must be reinstated immediately upon your return.
If you believe your employer has committed these things against you, don’t hesitate to reach out to us. Schedule a consultation with our FMLA lawyers and let us help assert your rights.