The Family and Medical Leave Act of 1993 is a federal law that requires employers to provide employees unpaid leave for medical and family reasons without risk of losing their job. Since it was signed into law, it has helped thousands of U.S. employees balance their work with their family obligations. Yet, there are times that employers violate the law and by doing so, can cause strife among the workers.
If you were denied leave by your employer and it’s a direct violation of FMLA, you may pursue legal action. For more than 35 years, Jersey City FLMA lawyer Anthony Carbone has been helping New Jersey employees with their workers’ compensation claims and other employment issues. We urge you contact us immediately if your rights have been violated.
Are You Eligible for FMLA?
According to the law, all employers who have at least 50 employees must comply with the FMLA. And as long as you have been an employee for the company for at least a year and have worked approximately 1,250 hours during the previous year at a facility within a 75-mile radius, you are covered by the law.
However, not all claims are covered by the law. In order to be eligible to take unpaid leave, the reason must be one of the following:
- The birth, adoption, or foster care placement of the employee’s child
- A serious health condition
- A family member’s serious health condition
- A qualifying need that arises because of a family member’s military deployment
- A family member was seriously injured or ill arising from military service
How Employers Violate FMLA
Sometimes, employers don’t understand or misinterpret the law and deny employees coverage. For example, an employee has become the primary caretaker of his elderly mother. Because of this, he has taken a lot of time off at work to take care of her needs. His workplace as a “no-fault” absence policy which disciplines an employee for taking too much time off. However, an employer cannot count FMLA-qualified absences against an employee and therefore cannot discipline the employee.
Employers are also required to provide employees with a series of notices of their rights. However, failing to do so is a violation of the law. It is also illegal for employers fail to recognize an employee notice.
It’s important to know that the employee is entitled to 12 weeks of leave per year for most qualifying conditions. While on leave, the employer must continue providing health insurance to the employee as well as hold on to the employee’s position until he/she returns. Failure to do so is a violation of the law. In addition, the employee is entitled to return to his/her position – giving a lesser position is illegal.
How Our Jersey City FMLA Lawyer Can Help
If you believe that you are entitled to FMLA leave and your employer has either refused or interfered with your legal rights, it’s time to take action. New Jersey FMLA attorney Anthony Carbone can assist you in any negotiations you need to have with your employer to make sure your rights are covered. In addition, Mr. Carbone can help you assess your options if you have been denied or disciplined by your employer for FMLA leave.
If you were denied your FMLA rights, get legal help now. Contact Jersey City FMLA lawyer Anthony Carbone now for a free consultation.