Life doesn’t always go as planned—sometimes in wonderful ways, like welcoming a new child into your family. However, other times, you or a loved one may face a serious medical condition that requires time away from work. Fortunately, the Family and Medical Leave Act (FMLA) gives eligible employees the right to take unpaid, job-protected leave for qualified family and medical reasons. If you live or work in Bergen County, the FMLA may give you peace of mind by allowing you to prioritize your health or family without fear of losing your job.

At Carcich O’Shea, our Bergen County FMLA lawyers are here to help if your employer denies or mishandles your leave. We can guide you through the law, enforce your rights, and help you respond to retaliation or wrongful termination.

What Are the Most Common FMLA Issues Employees Face?

While the FMLA is designed to protect workers, many employees encounter challenges when attempting to utilize their benefits. Common problems include:

• Denied leave requests that meet the legal criteria.
• Employer retaliation, including firing, demotion, or reduced hours.
• Delays or confusion with job reinstatement after leave.
• Pressure or discouragement from taking time off.
• Mishandling of employee health benefits during leave.

These issues can create unnecessary stress during what is already a difficult time. If your employer is not honoring your FMLA rights, speak with an experienced FMLA attorney in Bergen County as soon as possible.

How Does FMLA Interact With Other Types of Leave?

FMLA can overlap with other leave options, including Paid Time Off (PTO), short-term disability, and the New Jersey Family Leave Act (NJFLA). Here’s how they typically work together:

• Employers may require you to use accrued PTO during your FMLA leave, so you don’t take unpaid time off until your paid leave runs out.
• Short-term disability insurance may offer wage replacement during FMLA leave taken for your health condition.
• NJFLA provides 12 weeks of leave in 24 months to care for a family member or bond with a new child, but it does not cover your own medical issues. FMLA, by contrast, covers both personal and family medical needs.

Depending on your situation, you may qualify for both FMLA and NJFLA. Leave may run concurrently or consecutively, depending on the reason for leave and employer policy. A knowledgeable attorney can help determine which protections apply to your case.

What Should You Expect During the FMLA Process?

The FMLA process begins when you notify your employer about your need for leave. Whenever possible, provide 30 days’ notice. If that’s not feasible due to a medical emergency, notify your employer as soon as reasonably possible.

Employers typically require medical certification to verify the need for leave. During your leave, your health benefits must remain active, and your employer should communicate with you about your return timeline. Once your leave ends, you have the legal right to return to your job—or one that is substantially equivalent in pay, responsibilities, and benefits.

Can an Employer Legally Deny FMLA Leave?

Your employer may only deny FMLA leave if you do not meet specific eligibility criteria. These include:

• You’ve worked for the employer for less than 12 months.
• You have not logged at least 1,250 hours in the previous 12 months.
• The company employs fewer than 50 people within a 75-mile radius.
• Your reason for leave does not qualify under FMLA guidelines.

If you meet all the requirements and your employer still denies your request, they may violate federal law. This could open the door to a legal claim for FMLA interference.

What Does FMLA Retaliation Look Like?

FMLA retaliation happens when an employer punishes you for exercising your right to take leave. This can take many forms, including:

• Firing or demoting you after your request.
• Cutting your pay, hours, or benefits.
• Assigning you to a less favorable job upon return.
• Using FMLA absences against you in performance reviews or attendance records.
• Denying you promotions or raises after your return.

If you’ve experienced any of these outcomes after taking protected leave, you may be eligible for compensation under federal employment laws.

How Can Employers Avoid FMLA Mistakes?

Employers play a vital role in upholding FMLA rights. To stay compliant and support a healthy workplace culture, businesses should:

• Provide clear written information about FMLA rights and obligations.
• Maintain accurate records of employee leave.
• Train HR personnel and managers to recognize and handle FMLA requests correctly.
• Avoid pressuring employees not to take leave.
• Ensure that FMLA absences do not count against performance metrics or attendance policies.

When companies fail to follow these steps, they expose themselves to liability and damage workplace morale.

What Should You Do if You Think Your FMLA Rights Are Being Violated?

If you believe your employer has denied, delayed, or retaliated against your FMLA request, take these steps:

• Document Everything: Save emails, texts, letters, medical forms, and any communication with your employer.
• Report the Issue: You may file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD).
• Contact a Local FMLA Lawyer: Legal counsel can help you understand your options, file a complaint, and seek compensation.

Your employer should not be allowed to get away with violating your rights. A Bergen County FMLA lawyer can help you hold them accountable.

How Can Carcich O’Shea Help With FMLA Issues?

At Carcich O’Shea, based in Hackensack, New Jersey, we help workers across Bergen County and beyond resolve serious employment law issues. Whether your FMLA leave was wrongfully denied, you’ve suffered retaliation, or you need help navigating both state and federal leave laws, our team is here to guide you.

We offer experienced legal representation for:

• FMLA interference claims.
• Employer retaliation cases.
• Wrongful termination after leave.
• Review of workplace leave policies.
• Mediation and litigation.

Clients trust us for our down-to-earth approach and deep experience in employment law.

Contact a Bergen County FMLA Lawyer at Carcich O’Shea Today

If your employer denied or mishandled your FMLA leave, don’t face the situation alone. Our Bergen County FMLA lawyers at Carcich O’Shea are ready to fight for your rights. Call 201-988-1308 or contact us online to schedule your initial consultation. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison Township, Middlesex County, Essex County, Morris County, and Passaic County.