Understanding Your Rights Under the Family and Medical Leave Act (FMLA)
Mar 12, 2025 | Written by: | Share
The Family and Medical Leave Act (FMLA) is a federal law designed to allow eligible employees to take unpaid job-protected leave to care for themselves or a family member. Employees who qualify for FMLA leave are generally entitled to return to their position, or a similar one, with the same salary, benefits, and working conditions. Additionally, if employees are part of a group health plan, they are entitled to continue receiving those benefits during their leave.
The FMLA also safeguards employees from retaliation or discrimination for taking leave under its provisions. According to the U.S. Department of Labor (DOL), examples of unlawful actions include penalizing an employee for missing work while on FMLA leave, denying an employee a promotion because he or she took leave, or issuing negative attendance points for utilizing FMLA leave.
Who is Eligible for FMLA Leave?
While FMLA covers many workers, not all employees are eligible. To qualify for FMLA leave, an employee must meet certain requirements. The employee must work for a private employer with at least 50 employees, or for a public or educational agency, which can have any number of employees. In addition, the employee must have worked for the employer for at least 12 months and completed 1,250 hours of work during that time. If an employee meets these criteria, he or she is entitled to up to 12 weeks of leave within a 12-month period (or up to 26 weeks for military caregiver leave). This leave can be used to address the employee’s own serious medical condition, to care for a spouse, parent, or child with a serious medical condition, or for other qualifying circumstances, such as the birth or adoption of a child.
How Does the New Jersey Family Leave Act (NJFLA) Compare to the FMLA?
Many states, including New Jersey, have their own versions of family leave laws that provide additional benefits or protections. In New Jersey, the New Jersey Family Leave Act (NJFLA) has some differences compared to the FMLA. The NJFLA applies to employers with at least 30 employees, while the FMLA applies to employers with 50 or more employees. To qualify for NJFLA benefits, an employee must have worked at least 1,000 hours in the past 12 months, whereas the FMLA requires 1,250 hours. Additionally, the NJFLA allows employees to take up to 12 weeks of leave within a 24-month period, but unlike the FMLA, it does not cover an employee’s own medical leave. NJFLA leave can only be used to care for a family member with a serious medical condition.
Further, while NJFLA itself does not provide paid leave, New Jersey has a separate law called the New Jersey Family Leave Insurance (FLI) program, which provides paid leave for employees who need time off to care for a family member or bond with a newborn or newly adopted child. Employees may be eligible to receive partial wage replacement under this program, but it is a separate benefit from the NJFLA and is not automatically provided.
It’s important for employees to be aware of their rights under these laws and to understand how to assert those rights if needed. Seeking legal guidance can be beneficial in ensuring those rights are properly upheld. Should you have any questions about FMLA or NJFLA, please contact one of our employment law attorneys.
Sharon M. Flynn, Esq., is a partner with Gebhardt & Kiefer, P.C., and practices primarily in the areas of general litigation, employment law, and insurance defense.
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Any statements made herein are solely for informational purposes only and should not be relied upon or construed as legal advice.