Serious health conditions and family responsibilities can arise unexpectedly. Employees in Woodbridge Township may be entitled to job-protected leave under the federal Family and Medical Leave Act (FMLA). When employers interfere with these rights or retaliate against employees for taking leave, they may be violating the law.
Castronovo & McKinney, LLC represents employees throughout Woodbridge Township and across New Jersey who believe their leave rights have been denied or undermined. With a practice devoted exclusively to employment law, the firm evaluates whether employers have complied with federal and state leave requirements.
Who Qualifies for FMLA Leave?
The FMLA provides eligible employees with up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying reasons. To be eligible, an employee generally must:
- Work for a covered employer
- Have been employed for at least 12 months
- Have worked a minimum number of hours in the preceding year
Leave may be taken for the employee’s own serious health condition, to care for a spouse, child, or parent with a serious health condition, for the birth or adoption of a child, or for certain military-related circumstances.
Job Protection and Benefits
Employees who take FMLA leave are generally entitled to reinstatement to the same or an equivalent position upon return. Employers must also maintain group health benefits during the leave period under the same terms as if the employee had continued working.
Employers may not use FMLA leave as a negative factor in employment decisions.
Common FMLA Violations
Disputes frequently arise when employers:
- Deny leave to eligible employees
- Fail to properly designate leave as FMLA-protected
- Count protected leave against attendance policies
- Terminate employees during or immediately after leave
- Discourage employees from requesting leave
Courts examine whether the employer interfered with, restrained, or denied the exercise of FMLA rights.
Medical Certification and Employer Obligations
Employers may request medical certification to support a leave request, but they must follow strict regulatory guidelines. Excessive or repeated documentation demands may violate federal regulations.
Medical information must also be kept confidential and maintained separately from personnel files.
The attorneys at Castronovo & McKinney, LLC provide experienced representation grounded in a comprehensive understanding of Employment Lawyer advocacy for FMLA disputes in Woodbridge Township.
Protection from Retaliation
Employees who request or take FMLA leave are protected from retaliation. Adverse actions such as demotion, reduced hours, negative performance evaluations, or termination following leave may give rise to separate legal claims.
Potential Remedies
If an FMLA violation is established, employees may be entitled to reinstatement, back pay, lost benefits, liquidated damages in certain cases, and attorneys’ fees. Courts recognize the importance of protecting employees during significant health and family events.
Serving Woodbridge Township and Beyond
Castronovo & McKinney, LLC represents clients in Woodbridge Township and throughout Bergen County, Essex County, Middlesex County, and Morris County, including Hackensack, Newark, New Brunswick, and Morristown. The firm’s exclusive focus on employment law ensures knowledgeable and strategic representation.
Contact Castronovo & McKinney, LLC
If you believe your FMLA rights have been violated in Woodbridge Township, experienced legal counsel can help you evaluate your options and protect your employment rights.
Address: 71 Maple Ave, Morristown, NJ 07960
Phone: 973-920-7888
Email: tom@cmlaw.com
Hours: Monday-Friday, 9:00 AM – 6:00 PM
