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Hackensack FMLA Lawyers

Navigating the complexities of employment law can be daunting, especially when understanding your rights under the Family and Medical Leave Act (FMLA). At Carcich O’Shea, we understand your challenges when balancing work with family or medical needs. Our Hackensack FMLA lawyers are here to help you navigate these challenges, ensuring your rights are protected and you receive the leave you are entitled to under the law.

What Is the FMLA?

The FMLA is a federal law designed to help employees balance their work responsibilities with family and medical needs. It allows eligible employees to take up to 12 weeks of unpaid leave within 12 months for specific family and medical reasons. These reasons include the birth or adoption of a child, caring for a spouse, child, or parent with a serious health condition, or dealing with your own serious health condition that prevents you from performing your job.

Who Is Eligible for FMLA Leave?

To be eligible for FMLA leave, you must meet certain requirements. First, you must work for a covered employer, which includes private-sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools.

Second, you must have worked for your employer for at least 12 months. These 12 months do not need to be consecutive but must add up to at least one year of employment. Finally, you must have worked at least 1,250 hours during the 12-month period immediately preceding the start of your FMLA leave.

What Does FMLA Leave Entitle You to?

FMLA leave entitles you to take up to 12 weeks of unpaid leave for certain family and medical reasons without the risk of losing your job. During your leave, your employer is required to maintain your group health insurance coverage under the same terms and conditions as if you were still working. When you return from FMLA leave, your employer must restore you to your original job or an equivalent position with the same pay, benefits, and other terms and conditions of employment.

Common Reasons for Taking FMLA Leave

FMLA leave can be taken for several reasons. Some of the most common reasons include:

  • The Birth or Adoption of a Child: You are entitled to take FMLA leave to bond with your newborn or newly adopted child. This leave must be taken within one year of the child’s birth or placement.
  • Caring for a Family Member with a Serious Health Condition: If your spouse, child, or parent has a serious health condition, you may take FMLA leave to provide care.
  • Dealing with Your Own Serious Health Condition: If you have a serious health condition that makes you unable to perform the essential functions of your job, you may take FMLA leave.
  • Qualifying Exigencies Related to a Family Member’s Military Service: If your spouse, child, or parent is on active duty or called to active duty in the Armed Forces, you may take FMLA leave for qualifying exigencies such as attending military events or arranging for alternative childcare.

Your Rights and Protections Under FMLA

The FMLA provides several critical protections that every employee should be aware of.

Job Protection

One of the most significant protections under the FMLA is job protection. When you take FMLA leave, your employer is required by law to reinstate you to your original job or an equivalent position upon your return. This means that the job you return to must have the same pay, benefits, and working conditions as the job you left. Your employer cannot demote you, reduce your salary, or alter the terms of your employment simply because you took FMLA leave.

This protection ensures that employees can take time off for legitimate family and medical reasons without worrying about their employment security. It is important to note that this protection applies even if another employee temporarily fills your position during your absence.

Health Insurance Continuation

Another critical protection under the FMLA is the continuation of your group health insurance coverage during your leave. Your employer is required to maintain your health insurance coverage under the same terms and conditions as if you were still working. This means that your coverage cannot be terminated or reduced while you are on FMLA leave, and your employer must continue paying its portion of your health insurance premiums.

You are responsible for continuing to pay your share of the premiums, which typically means that you will need to arrange to make these payments during your leave. This protection ensures that you and your family have access to essential healthcare services when medical needs may be particularly pressing.

Prohibition Against Retaliation

The FMLA explicitly prohibits employers from retaliating against employees for exercising their rights under the Act. Retaliation can take many forms, including demotion, reduction in pay, termination, or other adverse actions that negatively affect your employment status. If your employer takes any adverse action against you because you requested or took FMLA leave, this is considered retaliation, which is illegal under the law.

Recognizing that retaliation is not limited to actions taken during your leave is important. If your employer punishes you for taking leave after you return to work, this is also considered retaliation. The FMLA allows you to challenge such actions and seek remedies, including reinstatement, back pay, and other forms of compensation.

Protection Against Interference

Besides prohibiting retaliation, the FMLA also protects you from any form of interference with your rights under the Act. Your employer cannot interfere with, restrain, or deny the exercise of any right provided by the FMLA. Interference can take many forms, such as refusing to authorize FMLA to leave, discouraging you from taking leave, or making it difficult to obtain the leave you are entitled to.

For example, if your employer tries to dissuade you from taking leave by suggesting that your job may be in jeopardy or by making the process of requesting leave unnecessarily burdensome, this constitutes interference with your FMLA rights. If you believe your employer is interfering with your right to take FMLA leave, it is important to seek legal advice to protect your rights.

What to Do if Your FMLA Rights Are Violated

If you believe your FMLA rights have been violated, it is important to take action quickly. Violations can include being denied leave you are entitled to, facing retaliation for taking leave, or not being reinstated to your job after your leave. Here are the steps you should take:

  • Document the Violation: Keep detailed records of the events that led to the violation, including any communications with your employer.
  • Contact a Hackensack FMLA Lawyer: At Carcich O’Shea, our experienced FMLA lawyers can help you assess your situation and determine the best course of action.
  • File a Complaint: You may be able to file a complaint with the U.S. Department of Labor’s Wage and Hour Division or pursue a private lawsuit against your employer.

How Carcich O’Shea Can Help

Navigating an FMLA claim can be overwhelming, especially when you are already dealing with personal or family health issues. The Hackensack FMLA lawyers at Carcich O’Shea are here to provide the guidance and support you need during this challenging time. Our team has extensive experience handling FMLA cases and can help you understand your rights, gather evidence, and pursue the compensation you deserve.

The Hackensack FMLA Lawyers at Carcich O’Shea Protect Your Rights

If you are facing challenges related to FMLA leave, do not wait to seek help. The Hackensack FMLA lawyers at Carcich O’Shea are here to provide the legal support you need to protect your rights and secure the leave you are entitled to. Contact us at 201-988-1308 or online to schedule your consultation and learn more about the support and service we can provide. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.