Paramus FMLA Lawyers

Family and Medical Leave Act Attorneys in Paramus, NJ

At Carcich O’Shea, we understand that family and medical leave issues can be complex and stressful, especially when your rights as an employee are at stake. If you are facing a situation involving the Family and Medical Leave Act (FMLA) in Paramus, New Jersey, our experienced FMLA lawyers are here to guide you through the process and ensure your rights are protected. 

With a deep understanding of the intricacies of employment law and years of experience handling FMLA cases, we are dedicated to helping employees in Paramus navigate this important legal area.

What Is the Family and Medical Leave Act?

The FMLA is a federal law that grants eligible employees the right to take unpaid, job-protected leave for certain family and medical reasons. This leave can be up to 12 weeks per year, with the assurance that the employee can return to their position or an equivalent one upon their return. The FMLA is designed to protect employees who need time off for serious health conditions, to care for family members, or due to the birth or adoption of a child.

This law is vital for many workers who may need time off to care for themselves or their loved ones but fear losing their jobs. Whether you are dealing with a medical emergency, a family member’s health condition, or the birth of a child, FMLA ensures you have the time you need without jeopardizing your job security.

What Are FMLA Eligibility Requirements?

Not all employees are automatically entitled to FMLA leave. To qualify for FMLA leave, you must meet certain eligibility criteria:

• Work History: You must have worked for your employer for at least 12 months (not necessarily consecutively).
• Hours Worked: You must have worked at least 1,250 hours in the 12 months before requesting FMLA leave.
• Employer Size: Your employer must have at least 50 employees within a 75-mile radius of your work location.

It is essential to understand that even if you do not meet these criteria, other leave options may be available to you under state law or company policies. Our experienced Paramus FMLA lawyers can help you explore all available options.

If you meet the FMLA requirements, your employer is legally required to allow you to take leave. However, many employees face challenges securing their leave, such as wrongful denials or retaliation. That is where we come in.

What Are Common Reasons for Taking FMLA Leave?

FMLA provides protection for a variety of family and medical situations. These include, but are not limited to:

• Personal Health Issues: If you have a serious health condition that prevents you from performing your job duties, FMLA leave can provide you with the time needed to recover. Conditions such as heart disease, cancer, diabetes, and mental health disorders may qualify.
• Caring for a Family Member: You can use FMLA leave to care for a spouse, child, or parent with a serious health condition. This is often essential when a loved one’s health suddenly worsens and they need assistance for their recovery.
• Pregnancy, Birth, or Adoption: FMLA allows for leave in connection with the birth or adoption of a child or the placement of a child for foster care. This leave can be taken by both mothers and fathers, promoting family support during crucial times.
• Military Family Leave: The FMLA also includes provisions for employees who need to take leave to care for a family member who is a covered servicemember with a serious injury or illness. This is a vital protection for families dealing with the complexities of military life.

Whether you are dealing with your health, the health of a loved one, or the arrival of a new child, understanding your rights under the FMLA can help you plan for these significant life events without worrying about losing your job.

The Process for Requesting FMLA Leave in Paramus

Requesting FMLA leave in Paramus requires careful attention to detail. There are specific procedures that must be followed to ensure that your leave is protected under the law:

• Notification: You must notify your employer of your need for leave as soon as possible. The FMLA requires you to give your employer at least 30 days’ notice for foreseeable medical or family reasons. If the leave is unforeseen, such as a medical emergency, you must notify your employer as soon as possible. Keep in mind that some employers may have specific protocols in place for requesting leave.
• Certification: Your employer may require medical certification to verify the need for leave. This can be from a healthcare provider and may include information about the nature of your condition and how long you will need to be off work. Your employer has the right to request this documentation, but they must do so in a way consistent with the law. Certification should not be an undue burden, and you have the right to privacy regarding your medical information.
• Employer Response: Once you have notified your employer, they must respond within five business days. This includes information on whether your leave request is approved or denied and details about the leave’s terms. Your employer should inform you of your rights under the FMLA and how your leave will be processed, including whether it will be designated as FMLA leave.
• Return to Work: When you are ready to return to work, your employer must reinstate you to your previous or equivalent position. This includes the same pay, benefits, and working conditions. In some cases, employers may try to reassign employees to a different position upon their return. If this happens, it may violate your FMLA rights, and you should consult with a lawyer.

What Happens if Your FMLA Leave Is Denied?

Sometimes, an employer may wrongfully deny FMLA leave or retaliate against an employee for taking leave. If you believe your employer has violated the terms of the FMLA, it is essential to consult with an FMLA attorney in Paramus. Some potential violations include:

• Wrongful Denial: If you are eligible for FMLA leave, but your employer wrongfully denies it, you may have a claim. In some cases, employers may incorrectly determine that an employee is not eligible for FMLA leave or fail to provide the necessary paperwork.
• Discriminatory Practices: You have legal recourse if your employer retaliates or discriminates against you for taking FMLA leave, such as firing or demoting you.
• Failure to Reinstatement: If you are not returned to your previous or an equivalent position upon your return from FMLA leave, this may be a violation of the FMLA. Employers cannot use your leave as a reason to punish you or harm your career.

Your Rights Under the FMLA

The FMLA provides several important protections for eligible employees, including:

• Job Protection: FMLA ensures that your job is protected while you are on leave, meaning you can return to your position or an equivalent one when you return. This is one of the primary benefits of the FMLA and a key reason it is such a valuable protection for workers.
• Continued Health Benefits: While on FMLA leave, your employer is required to maintain your health insurance benefits under the same terms as if you were still working. Your employer cannot drop you from their health plan while you are on leave.
• No Retaliation: It is illegal for your employer to retaliate against you for taking FMLA leave. This includes firing you, demoting you, or taking any adverse employment action due to your leave.

How Carcich O’Shea Can Help You

At Carcich O’Shea, we offer legal services tailored to the needs of employees in Paramus facing FMLA issues. Our experienced attorneys can help you with the following:

• FMLA Leave Consultation: If you are unsure whether you are eligible for FMLA leave or your leave request is being handled correctly, we can provide a detailed consultation to assess your situation.
• Discrimination or Retaliation: If you believe your employer is retaliating against you for taking FMLA leave, our attorneys will help you explore your legal options.
• Wrongful Denial: If your FMLA request is denied or your rights are violated, we will assist you in seeking appropriate remedies.
• Representation and Negotiation: We will represent you in negotiations with your employer or in legal proceedings, working to protect your rights and ensure you are treated fairly.

Contact the Experienced Paramus FMLA Lawyers at Carcich O’Shea Today

If you are dealing with an FMLA issue, do not wait for legal help. Carcich O’Shea is committed to helping you protect your rights. Our dedicated team of Paramus FMLA lawyers has extensive experience in employment law and is ready to provide you with the guidance and representation you need. Call 201-988-1308 or contact us online for a free consultation. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.