FMLA in NJ
The Family and Medical Leave Act (FMLA) offers employees up to 12 workweeks of unpaid leave each year with no threat of job loss. The employee is entitled to other benefits including healthcare when on FMLA leave.
FMLA was enacted to enable employees the ability to balance their work and family obligations without having to make a choice between the two in times of crises. An employee may qualify for New Jersey FMLA when they or their family member is suffering a serious health condition that makes them unable to perform their duties.
These serious health conditions may include:
- Prenatal complications, pregnancy, or adoption of a child
- Long-term conditions such as Alzheimer’s disease, cancer, etc.
- Chronic conditions such as diabetes
- Conditions that may require ongoing treatment such as chemotherapy, dialysis, etc.
Eligibility For NJ Family Medical Leave Act
The Family Medical Leave Act has many restrictions. Below are the eligibility requirements for an employee to qualify in New Jersey.
- An employee must have worked in the organization for more than 12 months. They also must have worked for at least 1,250 hours during the last 12 months before applying for the FMLA leave.
- If an organization employs fewer than 50 employees within a radius of 75 miles of the employee’s worksite, the employee does not qualify for FMLA leave.
Therefore, smaller employers are not compelled to provide FMLA leave to their employees. This is because the organization would have difficulty finding a replacement.
Different Types of FMLA Leave
Below are the three different kinds of the FMLA leave that you can apply for:
- Continuous FMLA leave – This is where an employee is absent from work for more than three consecutive work days and has been treated by a doctor.
- Intermittent FMLA leave – This is where an employee is taking time off in separate blocks due to a serious medical condition that qualifies for FMLA. Intermittent FMLA is often offered to employees who need ongoing medical attention for their situation
- Reduced schedule FMLA leave – This is where employees should reduce the working hours per day or week to either care for a family member or to reduce stress.
How Do I Apply For FMLA in NJ?
The Family Medical Leave Act states clearly that it is the responsibility of an employer to provide the employee with the necessary paperwork if they express the need for leave. Below are the legal forms that you can use to apply for an FMLA leave in New Jersey.
- FMLA Medical Certification Form – This form must be completed by the employee’s healthcare provider to ensure the validity of the employee’s medical claims. This can be either the medical condition of the employee or that of a member of his or her family which the employee is caring for. The employee must return the certification form within 15 days of receiving the form.
- FMLA Notification Form – The employer must always provide this form to the employee within two days of a leave request.
FMLA Attorney in NJ
Usually, the human resource managers in most organizations are not fully aware of the FMLA laws. Therefore, you may be denied an FMLA leave due to misinterpretation of the law.
In New Jersey, The Law Office of Benjamin Friedman offers top-notch FMLA-related legal services. We have experience in handling a wide range of these cases. We ensure that our clients’ interests are protected.