Understanding eligibility for family and medical leave

Suppose you have a newborn at home and you need to take time off from work to take care of the child

. However, the uneasiness of risking your job hinders you from applying for the leave. If you were aware of the Family Medical Leave Act (FMLA), you would know that certain medical conditions make you eligible for taking a long leave. New Jersey adheres to this federal dictate.

What happens if you face difficulty at work because of a long leave on such grounds? What you need to do is consult an employment attorney as soon as possible to understand your legal position. You may have a case against your employer if you were entitled to a leave under FMLA. Before you get in touch with an employment attorney in NJ, here is a brief guide to the matter.

Which employees are eligible for this leave? If you work for a covered employer' and fulfill the following conditions, you are eligible for leave under the provisions of this act:

You were an employee for minimum 1 year

You worked for minimum 1,250 hours

You worked with minimum 50 co-workers

Which employers are within this law? Every federal, state and local employer is within the domain of this law. If you work for a private entity in New Jersey, your employer may also be within the category of covered employers'. The only condition is that your employer has minimum 50 employees working for minimum 20 workweeks in the preceding or present calendar year.

What are valid reasons to take leave? You can take 12 workweeks of unpaid leave as per this act if you have any of the following reasons:

You have to take care of a newborn/adopted child

You have to take care of a family member suffering from serious health condition

You have a serious health condition

Is prior notification necessary? You have to notify your employer 30 days prior to your taking the leave. You may also need to provide medical proof to support your leave. However, in case of an urgent leave, there may be an exception to this.

When do you need an attorney? You require a NJ employment attorney if, after returning from your leave, you experience difference in your position, responsibilities and salary. It helps to understand your rights before you get into trouble at the workplace.

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Understanding eligibility for family and medical leave

By: Ashley Smith

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