New Jersey Employment Attorneys Protecting Your Family and Medical Leave Rights
Do you or a family member have a serious medical condition that requires you to take time off from work? Has your employer taken some disciplinary action against you because you have too many absences?" Whether you are in need of a leave of absence to seek medical care or recover from a serious medical condition, to care for a newborn baby, or care for a chronically ill loved one, you may have a right to take up to 12 weeks of unpaid leave off from work under the Family and Medical Leave Act (FMLA). If you have been discriminated against because you asked for the time off or if you have been wrongfully terminated for taking deserved time off, you may have a legal claim against your employer.
We can protect your rights to take a much-needed leave of absence from work without penalty.
Smith, Smith & Curley P.C. of Shrewsbury, New Jersey, has been protecting the rights of employees in the workplace since 1996. Our employment law attorneys know how hard it is to face uncertainty and hostility in the workplace while dealing with a serious medical condition.
Support and Communication While We Fight Your Legal Battle
Our firm offers our clients the support, knowledge and communication they need and deserve. We work with our clients to help them make informed choices about the action that they want us to take. We tenaciously, vigorously and knowledgeably pursue our clients' goals.
FMLA Eligibility Rules
If you have been employed at the same job for more than one year and your employer is a public employer or has more than 50 employees, the federal Family and Medical Leave Act (FMLA) allows you to take up to 12 weeks of unpaid time off without fear of losing your job if you:
- Have a serious health condition
- Must care for a family member such as a child, spouse or parent who has a serious health condition
This is federal law, meaning that it is enforced in all fifty states, including New Jersey, where our law firm is located - no exceptions.
What Rights Does the FMLA Provide to Employees
- Time Off Without Penalty: FMLA allows up to 12 weeks of unpaid leave annually, either intermittently, in days, weeks or hours, or consecutively.
- Hold Job or Equivalent Position: When FMLA is up, the employee must be allowed to return the same job or an equivalent position.
It is Unlawful for an Employer to Retaliate Against an Employee for Exercising their FMLA Rights
In order to have a claim for retaliation under the FMLA, the employee must make a prima facie case that:
1. he or she engaged in a protected activity;
2. was subjected to an adverse employment action; and
3. a casual link existed between the protected activity and the adverse employment action.
Once an employee establishes a prima facie case, the employer has the burden of offering proof of a nondiscriminatory reason for the adverse employment action. If the employer satisfies that burden, the employee will then have prove that 'but for' the discriminatory purpose he or she would not have been terminated.
Please Call Today for Answers and Action
To learn more about how an experienced anti-discrimination lawyer at Smith, Smith & Curley P.C. can help you, please call our law firm at 732-935-7246 or e-mail us to schedule a consultation with an experienced employment attorney.
