New Jersey FMLA & Leave Rights Attorney

The Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA) provide eligible employees with the right to take unpaid, job-protected leave for qualifying family and medical reasons. These laws protect employees from interference with their leave rights and from retaliation for exercising those rights.

New Jersey's leave protections are broader than federal law in several important respects. The NJFLA covers smaller employers (30 or more employees vs. 50 under FMLA), provides leave for a wider range of family relationships, and — when combined with the NJ Temporary Disability Insurance and Family Leave Insurance programs — can provide paid leave benefits.

FMLA and NJFLA violations are more common than many employees realize. Employers sometimes deny leave requests, count protected leave against employees in attendance policies, fail to restore employees to their positions after leave, or terminate employees shortly after they return from leave.

FMLA Interference vs. FMLA Retaliation

FMLA claims fall into two categories. Interference claims arise when an employer denies, delays, or discourages the use of FMLA leave, or fails to provide required notices. Retaliation claims arise when an employer takes an adverse action against an employee because the employee exercised FMLA rights. Both types of claims are actionable, and an employee can bring both simultaneously. Importantly, FMLA retaliation claims do not require proof of discriminatory intent — the employee need only show that the protected activity was a motivating factor in the adverse action.

Common FMLA Violations by NJ Employers

Common FMLA violations include: denying leave to eligible employees for qualifying reasons; failing to designate leave as FMLA-protected when the employer knows the reason qualifies; counting FMLA leave against employees in attendance or disciplinary policies; failing to restore employees to their positions after leave; terminating employees during or shortly after FMLA leave; and retaliating against employees for requesting or taking leave. Employers who use attendance point systems must be particularly careful not to count FMLA-protected absences.

New Jersey Family Leave Act vs. FMLA

The NJFLA provides leave rights that complement and in some respects exceed FMLA protections. The NJFLA applies to employers with 30 or more employees (vs. 50 under FMLA), covers a broader range of family relationships, and provides up to 12 weeks of leave in a 24-month period. Importantly, the NJFLA covers leave to care for a family member with a serious health condition but does not cover the employee's own serious health condition — that is covered by FMLA and NJ Temporary Disability Insurance. Understanding how these laws interact is essential to maximizing your leave rights.