According to the provisions of the Family and Medical Leave Act, an employee has the right to take unpaid leave for maximum 12 weeks. However, there are certain conditions that make one eligible for this leave. It is best to talk to a labor attorney to know the details. Before you do that, here is a concise guide to the matter.
Under what circumstances may you take this leave? The Act specifies the situations under which you are eligible for this leave. These include taking care of a newborn or adopted child or taking care of a family member with a serious health condition.
You may also avail this leave if you have a severe health related problem. Each state has similar rules in place, it is best to talk to an attorney practicing in the state of New Jersey with regard to this.
Who is eligible? You are entitled to this leave only when you work for a ‘covered employer’ in New Jersey. Moreover, you need to fulfill these conditions too – you must be an employee for the entity for at least a year and worked for it 1,250 hours minimum.
Who is a ‘covered employer’? The federal, state and local employers are within this category. However, if you are working for a private concern in New Jersey, do not worry. Your employer is bound to give you this leave if the number of employees at the organization is 50 or more for at least 20 workweeks in a year.
The leave is unpaid in nature. However, you are entitled to your health benefits from the employer. Moreover, your employer is bound to give you the same position, with the same responsibilities, salary and benefits, after you rejoin office at the end of the leave.
If you feel that your employer is not abiding by these terms and you are getting an unfair treatment, it is time to talk to a legal professional immediately. Contact a New Jersey labor attorney and discuss the situation. Only he/she can help sort out the matter and make sure that you get justice.
Useful legal information:
You may visit www.klinglerlaw.com or call them at 513.665.9500 for an initial consultation. They are expert in providing ohio fmla lawyer service.