The Family Medical Leave Act (FMLA) protects employees from discrimination. If you have been denied a leave of absence or have been terminated because of a medical leave, maternity leave, paternity leave, or the serious health condition of a family member, you may have a remedy under the Family Medical Leave Act. An employee is eligible for and must be granted FMLA leave after he or she has been employed by a qualifying employer for a total of 12 or more months, and has worked at least 1,250 hours in the year preceding the requested leave of absence.
An employee’s leave of absence qualifies as FMLA leave when it is taken for any of the following reasons:
- The employee’s serious health condition
- To care for the employee’s spouse, child, or parent who has a serious health condition; or
- For the birth of a child, or the placement of a child for adoption or foster care
The state of New Jersey and Commonwealth of Pennsylvania have additional provisions that require compliance on the part of employers and which can, in certain circumstances, offer additional recourse for employees.
Contact us today for a consultation regarding your rights to medical leave and how it may affect your job.