Somerset Leave of Absence Lawyer (Family, Medical, Disability)

Introduction to New Jersey Leave of Absence Harassment

Charles Z. Schalk is a Somerset leave-of-absence lawyer who is committed to providing solutions-focused advocacy to employees. We are here to be your trusted employment law partner. Our firm handles the full range of leave of absence cases, including family, medical, and disability. If you have specific questions about a leave of absence issue, we are here to help. Contact our Somerset employment law attorney today for a confidential, no obligation initial consultation.

Have Questions About Your Leave Rights? Contact Our New Jersey Employment Lawyer Today 

We Represent Employees in All Types of Leave of Absence Cases in New Jersey

There may come a time when you need to take a leave of absence from your job position in order to deal with a serious matter, such as a health condition or a family issue. In some cases, employees are entitled to job-protected leave under Federal law, state law, or a combination of both. Charles Z. Schalk is a New Jersey employment lawyer who helps people secure their leave rights. We handle the full range of leave-of-absence cases in New Jersey, including:

• Family Leave: Life’s significant moments can require your full attention. Whether it is the joyous arrival of a new child or the need to care for a seriously ill relative, Family Leave provides you the opportunity to focus on what matters most without fear of losing your job. Our New Jersey employment lawyer helps employees understand their rights under the New Jersey Family Leave Act and federal family leave laws. If you have any questions about family leave, our New Jersey employment lawyer can help. 
• Medical Leave: Health should always be a priority. Medical leave serves as a much-needed protection for employees dealing with serious health issues. Whether it is recovering from major surgery or undergoing continuous treatment, we help you go through the complexities of federal and state medical leave laws. New Jersey workers have rights under multiple laws that provide employees with medical leave protections. If you have any specific questions about a medical leave issue, please contact our New Jersey leave of absence attorney today. 
• Disability Leave: Employees who find themselves unable to work due to a disability are afforded protections under various laws, including the Americans with Disabilities Act (ADA) and New Jersey state regulations. Notably, disability leave can include both short-term and long-term absences (depending on the need). We provide solutions-driven legal representation in disability leave cases.  

Understanding Your Protected Leave Rights

Employees in New Jersey have strong legal rights when it comes to leaves of absence. Employers cannot take adverse employment action against workers who request or take protected leave. Adverse employment action includes termination, demotion, reduction in hours, or other negative changes to your employment status. If your employer denies your request for leave without good faith justification, you may have grounds to pursue legal action.

Key Federal and State Regulations that You Should Know About

Leave of absence issues are regulated by an interconnected web of Federal and state laws. All employees in New Jersey should be aware of the relevant laws. Our firm is prepared to help you go through your rights and responsibilities under all regulations. Here are some of the most important federal and New Jersey leave laws to understand:

• Family and Medical Leave Act (FMLA): The FMLA is a Federal law that entitles eligible employees to take unpaid, job-protected leave for specified family or medical reasons. An employee is eligible if they have worked for their employer for at least 12 months and for 1,250 hours over the past 12 months. The FMLA allows for up to 12 weeks of leave within a 12-month period for the birth and care of a newborn child, adoption, care for an immediate family member with a serious health condition, or for the worker’s own health condition.
• Americans With Disabilities Act (ADA): The ADA is a Federal law that prohibits discrimination against individuals with disabilities in all areas of public life, including jobs, schools, transportation, and all public and private places that are open to the general public. In the context of employment, the ADA requires employers to provide reasonable accommodations to employees with disabilities, unless doing so would cause an undue hardship. Notably, short-term or even long-term leave may be a reasonable accommodation. Employers who engage in disability discrimination by denying reasonable accommodations can face serious consequences.
• New Jersey’s Family Leave Act (NJFLA): The New Jersey Family Leave Act often works together with the FMLA, but is specific to New Jersey. This act allows eligible employees to take up to 12 weeks of unpaid leave in a 24-month period to care for a newborn, newly adopted child, or a sick relative. The New Jersey Family Leave Act covers employers with 30 or more employees. It is an important distinction because there are many mid-sized employers in New Jersey that are covered by the NJFLA but are not covered by the federal FMLA. 
• Paid Leave Rights in New Jersey (FLI Program): Notably, New Jersey has one of the most comprehensive state-level paid leave programs in the entire country. While leave through the FMLA, NJFLA, or ADA is likely going to be unpaid, a worker in New Jersey may have guaranteed paid leave rights through the Family Leave Insurance (FLI) program. The program is funded through payroll deductions, and employees are eligible to receive up to 85 percent of their weekly wage, with a maximum set by the state each year. The duration of paid leave can be up to 12 weeks in a 12-month period or up to 56 days of intermittent leave. FLI can be used for bonding with a child or to care for a seriously ill family member. 

Workplace Retaliation and Leave of Absence Protections

Workplace retaliation against employees who request or take leaves of absence is illegal. Retaliation can take many forms, including termination, demotion, harassment, reduced hours, or other forms of adverse employment action. If you experienced retaliation after requesting family leave, medical leave, or disability accommodations, you may have retaliation claims against your employer. New Jersey Law and federal law prohibit employers from punishing workers for engaging in protected activity, such as requesting leave or reasonable accommodations.

Workplace Issues Related to Leaves of Absence

Leaves of absence can sometimes reveal other workplace problems. For example, employees may face sexual harassment, workplace misconduct, or wage and hour violations when they return from leave. Our firm also handles claims related to the New Jersey Law Against Discrimination, sexual orientation discrimination, and other employment law matters. If you experienced multiple violations of your rights, our attorneys can help you address all of your claims in a comprehensive manner.

Why Work With Somerset Medical Leave Lawyer Charles Z. Schalk 

Going through leave of absence issues can be complicated. Whether you are dealing with a family leave matter, a medical leave matter, or disability leave matter, it is normal to have a lot of questions about your rights and your options. Charles Z. Schalk is a New Jersey employment attorney who helps employees protect their rights. A member of the National Employment Lawyers Association, Attorney Schalk has the skills and extensive experience to take on all types of employment leave cases. We are proactive. Along with other things, our New Jersey leave of absence attorney is prepared to:

• Listen to your story and answer questions about your options;
• Investigate the matter, gathering relevant documentation; 
• Handle any leave of absence paperwork; and
• Take whatever action is needed to protect your rights.

Our attorneys provide personalized assistance to each client. We understand that leave issues can cause emotional distress and financial strain. That is why we offer a free consultation to discuss your situation and explain your options.

Damages Available in Leave of Absence Cases

If your employer violated your leave rights, you may be entitled to recover damages. Common examples of damages in leave of absence cases include back pay for lost wages, compensatory damages for emotional distress, attorney’s fees, and punitive damages in cases of intentional violations. Employees who were denied accommodations or faced retaliation for taking protected leave may have been awarded damages in previous cases. Our firm will work to maximize your recovery and hold your employer accountable.

Frequently Asked Questions About Leave of Absence Rights in New Jersey

What should I do if my employer denies my request for medical leave?

If your employer denies your request for medical leave, you should first review the reason provided. Employers must have good faith reasons for denying leave under the FMLA, New Jersey Family Leave Act, or ADA. If you believe the denial is improper, contact our New Jersey employment attorneys for a free consultation. We can review your situation and determine whether your employer violated your rights. You may be entitled to recover damages, including lost wages, emotional distress damages, and attorney’s fees.

Can I be fired for taking family leave to care for a sick family member?

No. Taking family leave to care for a family member with a serious health condition is a protected activity under federal and state law. Employers cannot terminate, demote, or otherwise punish you for exercising your leave rights. If you were fired or faced other adverse employment action after requesting or taking family leave, you may have retaliation claims. Our firm represents employees who have experienced workplace retaliation related to leaves of absence.

What is the difference between the FMLA and the New Jersey Family Leave Act?

The FMLA is a federal law that covers employers with 50 or more employees, while the New Jersey Family Leave Act covers employers with 30 or more employees. Both provide up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. The NJFLA may cover more workers in New Jersey because it applies to smaller employers. Our attorneys can explain which laws apply to your situation and how they work together.

What reasonable accommodations must employers provide for disabilities?

Employers must provide reasonable accommodations for employees with disabilities unless doing so would cause undue hardship to the business. Reasonable accommodations can include modified work schedules, leave as an accommodation, ergonomic equipment, reassignment to a vacant position, and modifications to workplace policies. If your employer refuses to provide needed accommodations without showing undue hardship, you may have a discrimination claim under the ADA or the New Jersey Law Against Discrimination.

How do I file a retaliation claim for being punished after taking leave?

To file retaliation claims, you typically need to show that you engaged in protected activity (such as requesting or taking leave), your employer took adverse employment action against you, and there was a connection between the two. You may file allegations with government agencies such as the New Jersey Division on Civil Rights or pursue a lawsuit with help from experienced employment counsel. Our firm represents clients in retaliation cases and can guide you through the process. Contact us today for a confidential consultation to discuss your legal rights and options.

Contact Our New Jersey Disability Leave Attorney Today 

Charles Z. Schalk is a New Jersey employment law attorney who has the skills and experience to handle all types of leave of absence cases, from family to medical. If you have any questions about a leave of absence issue, we are here to help. Contact our leave of absence attorneys today for your completely confidential initial consultation. Our firm handles employment law matters throughout all of New Jersey.