What Employees Need to Know About FMLA and NJFLA
Employees in New Jersey have some of the strongest job-protected leave rights in the country. However, many workers are unaware of how federal and state leave laws overlap, what qualifies as protected leave, or when an employer is violating the law.
Understanding your rights under the Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) is critical before requesting time off or responding to an employer’s denial of leave.
What Is Protected Family and Medical Leave?
Protected leave allows eligible employees to take time off for specific medical or family reasons without losing their job. While FMLA is a federal law, New Jersey provides additional protections that often go beyond federal requirements.
Depending on your situation, one or both laws may apply.
Federal FMLA: Basic Overview
The Family and Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons.
FMLA Eligibility Requirements
To qualify, an employee must:
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Work for an employer with 50 or more employees
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Have worked for the employer for at least 12 months
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Have logged 1,250 hours in the previous year
Qualifying Reasons Under FMLA
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Serious health condition of the employee
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Caring for a spouse, child, or parent with a serious health condition
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Birth or adoption of a child
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Certain military-related circumstances
New Jersey Family Leave Act (NJFLA)
The New Jersey Family Leave Act (NJFLA) provides up to 12 weeks of job-protected leave within a 24-month period, but it differs from FMLA in important ways.
Key Differences Under NJFLA
- Applies to employers with 30 or more employees
- Covers care for family members, but not the employee’s own medical condition
- Broader definition of “family member” than federal law
Covered Family Members Include
- Spouse or domestic partner
- Children (biological, adopted, foster, stepchildren)
- Parents and grandparents
- Siblings and parents-in-law
Can FMLA and NJFLA Run at the Same Time?
In some cases, FMLA and NJFLA may run concurrently, but in others, they may apply separately—potentially extending total protected leave time.
Employers often misapply these rules, which can lead to:
- Improper leave denials
- Unlawful termination
- Retaliation for requesting leave
Employer Obligations Under New Jersey Leave Laws
Employers must:
- Provide required leave notices
- Maintain health insurance benefits during leave
- Restore employees to the same or a comparable position
- Refrain from retaliation for requesting or taking leave
Failing to meet these obligations may violate state or federal law.
Common Violations of NJ Leave Laws
Employees frequently contact an employment lawyer after experiencing:
- Denial of valid leave requests
- Termination shortly after requesting leave
- Discipline for taking protected time off
- Pressure to return early
- Interference with medical or family leave
These actions may form the basis of an employment law claim.
What to Do If Your Employer Denies Leave or Retaliates
If your leave request is denied or you are punished for taking protected leave:
- Document all communications
- Keep copies of medical certifications and requests
- Avoid resigning without legal advice
- Speak with a New Jersey employment lawyer promptly
Timing matters. Some claims have strict deadlines.
What to Do If Your Employer Denies Leave or Retaliates
If your leave request is denied or you are punished for taking protected leave:
- Document all communications
- Keep copies of medical certifications and requests
- Avoid resigning without legal advice
- Speak with a New Jersey employment lawyer promptly
Timing matters. Some claims have strict deadlines.
How a New Jersey Employment Lawyer Can Help
An experienced employment attorney can:
- Determine which laws apply to your situation
- Identify employer violations
- Protect you from retaliation
- Pursue compensation for lost wages and benefits
- Seek reinstatement when appropriate
Frequently Asked Questions
What is the difference between FMLA and NJFLA?
FMLA is federal and covers an employee’s own medical condition, while NJFLA is state law and focuses on family caregiving with broader family definitions.
Can my employer fire me for taking family leave in New Jersey?
No. Terminating or retaliating against an employee for taking protected leave may violate state or federal law.
Is family leave paid in New Jersey?
Job protection under FMLA and NJFLA is unpaid, but New Jersey offers separate Family Leave Insurance (FLI) benefits that may provide partial wage replacement.
What if my employer says I’m not eligible?
Eligibility depends on employer size, length of employment, and hours worked. Employers often make mistakes when applying these rules.
How long do I have to take legal action?
Deadlines vary depending on the claim. Speaking with an employment lawyer early helps protect your rights.
Speak With a New Jersey Employment Lawyer
If your employer denied family or medical leave, disciplined you for requesting time off, or terminated you after taking leave, you may have legal options.
Steinberg Law, LLC represents employees throughout New Jersey in employment law matters, including leave violations, retaliation, and wrongful termination.
Contact us today to discuss your rights and next steps.
