Derek Smith Law Group / Employment Law / Family and Medical Leave Act (FMLA) / Family and Medical Leave Attorney in New Jersey

Family and Medical Leave Attorney in New Jersey

Based on 500+ Select Nationwide Reviews

Free Case Review

The Fee Is Free Unless You Win.
Top Rated Employment Law Firm
Protecting Families Since 1995
$400 Million Won

TABLE OF CONTENTS

What is the FMLA in New Jersey?
Different Types of Workplace Discrimination Cases We Handle:

The Family Medical Leave Act (FMLA) in New Jersey is designed to protect an employee’s job should a medical emergency occur, causing the employee to take an extended leave of absence from work. The purpose of this 1993 Act is to help employees focus on their medical issues at hand that affect them, their spouse, their children, or their parents, and not worry about whether or not they have a job to come back to. Denying a qualified employee the right to take this leave or retaliating against the employee who chooses to take this leave is illegal. For over 25 years, the experienced attorneys at the Derek Smith Law Group have helped employees whose employers violated the FMLA and helped them get the compensation they deserve.

What is the FMLA in New Jersey?

The Family Medical Leave Act (FMLA) was enacted in 1993 to help employees keep their job while they attend to medical issues. Under the FMLA, employees that have worked for a company that has 50 or more employees in a 75 mile radius for at least a 12 month period can take an unpaid leave for up to 12 weeks in a 12 month period, as long as the employee has worked at least 1,250 hours (or 156 days) in that 12 month period. In other words, employees of larger companies that work more than 24 hours a week can take up to 12 weeks of unpaid leave for the following reasons:

To undergo treatment and/or recovery for his or her own medical condition
To help a child recover from an illness or injury
The birth of a child
The adoption or fostering of a child
To help a parent recover from an injury or illness
To help a spouse recover from an injury or illness

The 12 weeks can be taken at once or intermittently throughout a 12-month period. When using FMLA, the employer must hold your job (or a comparable job) for you and must allow you to maintain and keep your group health insurance benefits. The leave is unpaid unless you choose to use available PTO to pay your salary for all or part of the leave.

Military families are allowed 26 weeks’ leave to attend to any issues relating to military leave or training, such as finding new childcare in light of a military spouse is deployed, or having to attend military briefings and training.

Is There a New Jersey Family Medical Leave Law?

New Jersey has two separate types of medical leave options for employees. The New Jersey Family Leave Act (NJFLA) helps employees who work have worked at least 1,000 hours in a 12-month period for a company of 30 or more employees or government entities of all sizes. Under NJFLQ, the employee is entitled to take 12 weeks of unpaid leave within a 24-month period to:

Help a child recover from an illness or injury
To bond with a newborn or newly adopted or fostered child
Help a parent recover from an injury or illness
Help a parent-in-law from an injury or illness
Help a spouse recover from an injury or illness

As with the FMLA, the NJFLA can be taken at once or intermittently throughout the 24-month period. The employer must hold your job or a comparable job and must allow you to maintain your group health insurance benefits throughout your leave.

Employees, not contractors, who live and work in New Jersey can also qualify for Family Leave Insurance. Family Leave Insurance is a payroll deduction that is mandated by the State of New Jersey and allows employees to take up to 6 weeks of paid leave to:

Bond with newborn babies, adopted children, or foster children
Care for parents, spouse, parents-in-law, children, siblings, grandparents, grandchildren, domestic partners, blood relatives, and people that are like family with a serious medical condition

To use Family Leave Insurance, you are required to completed forms available online and have health providers complete required paperwork available online. The pay you receive will be less than your normal pay (like disability) and it comes from the state and not the employer.

What Are Examples of FMLA Violations in New Jersey?

Many employers may attempt to deny you FMLA leave or retaliate against you for taking the FMLA leave you are entitled to take. These are violations of the FMLA and are illegal. Here are some examples of FMLA violations in New Jersey:

Refusing to provide information regarding FMLA to employees
Refusing qualified employees, the right to take FMLA
Demoting an employee who took FMLA to care for her seriously ill husband
Terminating a military person who took FMLA to attend training
Demoting a male employee who takes FMLA to bond with his newborn child
Demoting a female employee who take FMLA after giving birth
Terminating adoptive or foster parents for taking FMLA to bond with their new adopted or foster child
Denying an employee group medical benefits payment options to maintain the coverage while using FMLA
Terminating an employee who is taking FMLA 2 time a week to take his or her parent to chemo treatments

What is the Statute of Limitations to File a Lawsuit for FMLA Violations in New Jersey?

Under FMLA, if an employer violated your rights, you have a time limit of 2 years to file a lawsuit.

Under NJFLA, there is no specified statute of limitations. However, courts have decided that anywhere from 2 to 6 years can be an appropriate time limit to file a claim under the law.

What Remedies Are Available to Victims of FMLA Violations in New Jersey Courts?

As a victim of an FMLA violation in New Jersey, the courts may grant certain remedies to help you and your family get the compensation you deserve. Some of these remedies may include:

Reinstatement of employment
Reinstatement of benefits
Back pay
Future pay
Attorney’s fees
Pain and suffering
Emotional distress
Punitive damages

Testimonials

Hear From Our Valued Clients

Discover how our expertise has helped clients overcome their legal challenges and achieve successful outcomes.

During the time that I really needed a good counselor and I was approaching different attorneys unfortunately before they heard the problem they were demanding a retainer fee. A friend of mine introduced me to the Derek Smith Law Group and I was very fortunate to be answered by Matt Finkleberg who was very polite and understanding and gave me a lot of confidence without asking for any fees in f... Read Full Testimonial

Sambiz Amini

Matt Finkleberg is by far the best attorney I’ve ever hired!

Tanya Scheer

Matt Finkelberg is an outstanding attorney. It was a pleasure to have him represent me for my employment case. He was very easy to talk to. He was very supportive and knowledgeable throughout the whole process. He explained the entire process to me and kept me informed every step of the way. Matt fought diligently throughout my case to make sure my case was represented best. I am very gratef... Read Full Testimonial

Phyllis Parker

Matt Finkelberg is a top notch lawyer. He is very easy to talk to and truly cared about me as his client. He definitely earned my trust and confidence in his capabilities to represent me in the most professional respects. I give Matt and his firm the Derek Smith Law Group my highest recommendation to anyone who is seeking legal help for employee/employer related matters.

Wally Peczon

Matt Finkelberg is a life saver. During this whole process not only did I have a great lawyer but I also made a great friend. Matt was very attentive to my case, and mental health. Matt helped me during probably the darkest time of my life and for that I am forever grateful to have came across the Derek Smith law group. As a past client, I 100% recommend Matt Finkleberg. Matt provides a safe sp... Read Full Testimonial

Tali Loya

It was a pleasure to have Casey represent and help me for my employment case. It was my first time needing an attorney, so I was a bit apprehensive at first – Casey took the time to answer all of my questions and fully explain everything to me, which really put me at ease. He was very attentive, supportive, and knowledgeable throughout the whole process – Casey would ask questions to ensure... Read Full Testimonial

Corey Kientz

matt is an excellent attorney. he handled my case with the utmost care and highly exceeded all expectations. i could not recommend derek smith and esp. matt finkelberg enough

Seedie Whiser

Corey Kientz

You will be in great hands at this firm! Alyssa the managing paralegal is an absolute professional who excels at what she does. You can tell she truly cares about providing the best service possible, and is passionate about helping her clients. With Alyssa at the helm, this firm is a top-notch choice for anyone seeking assistance. Highly recommend!

Marissa Shander

Matt Finkelberg is Amazing and Devotional! It was a pleasure to have Matt represent me for my employment case. He was very attentive, supportive, and knowledgable throughout the whole process. Whenever I reached out he responded promptly which I greatly appreciated. Matt fought diligently and hard throughout my case to make sure my case was represented best. Thank you again Matt for everything.... Read Full Testimonial

jessica gonzalez

Olivia is absolutely outstanding! She understands the emotional side of your case while being able to find the legal aspects of holding the employer accountable for breaking the law! Made a really terrible situation a little easier by explaining everything and helping me get everything in order and in the right hands. I would not use anyone else! Call them for any sexual harassment case... You ... Read Full Testimonialwon't be disappointed! 10/10

Rae Millstone

Get Help for Workplace Discrimination

Our dedicated attorneys are ready to fight for your workplace rights and ensure justice!

Free Consultation 800 807 2209

How Long Will FMLA Litigation Take to be Resolved in New Jersey?

FMLA lawsuits can settle within 4 to 6 months or take a year or more to be resolved. If your employer is willing to negotiate a fair and reasonable settlement, your case will likely settle within 4 to 6 weeks and you can get back to work or back to caring for your family.

If your employer insists on taking the case to trial, the process can take a year or longer just to prepare the case, the trial may last an additional few days to several weeks before a judgment is entered.

A Few Things You Can Do Right Now

If your rights under the FMLA have been violated by your employer, there are a few things you can do right now as you decide to bring the case to court.

Contact an experienced FMLA attorney immediately.
Gather evidence. Make sure you gather as much evidence as you can. Information, such as emails, text messages, and conversation notes, along with witness information and information relating to everyone involved with the incident(s), can be very helpful in proving your case.
Do not waste time. Your statute of limitations is limited. Do not waster time making a decision and allow your statute of limitations to run out.

Verdicts & Settlements

Our results speak for themselves

$4.9 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Catherine Lowry Schuylkill County, Pennsylvania The Derek Smith Law Group secured a $4.9 million settlement on behalf of multiple employees of Schuylkill County who came forward with allegations of sexual harassment,…

$1.5 Million Settlement

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$2.78 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Zachary Holzberg United States District Court, Eastern District of New York…

$4.050 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, County…

$1.6 Million Jury Verdict

Case Handled by The Derek Smith Law Group Attorney Derek Smith Supreme Court of the State of New York, Appellate…

Contact Our Experienced New Jersey FMLA Violations Attorneys Today for your Free Consultation

Dealing with an injury or serious illness in your family is stressful enough Having to worry about your job security and your health insurance benefits on top of this is torturous.

If you have been the victim of FMLA violations in New Jersey, the experienced attorneys at Derek Smith Law Group can help. Contact us today at (973) 388-8625 for your free consultation.

We do not collect any money until you win your case.

Our Attorneys

Serving Major Cities Across the United States

Our experienced legal team provides reliable services in key U.S. cities, ensuring expert assistance for workplace discrimination and employment law matters wherever you are located.