How to Request FMLA Leave in New Jersey: A Step-by-Step Guide?

The Family and Medical Leave Act (FMLA) is a federal law designed to protect your job while you take unpaid leave for certain family and medical reasons. If you live and work in New Jersey, you may have specific questions about how to request FMLA leave and ensure your rights are protected. This guide will walk you through the process step by step so you know exactly what to do.

Understanding FMLA Eligibility in New Jersey

Before requesting FMLA leave, you must first ensure you are eligible. Under FMLA, you are entitled to take up to 12 weeks of unpaid leave in 12 months for specific reasons, including:

• The birth and care of a newborn child.
• The placement of a child for adoption or foster care.
• Caring for an immediate family member (spouse, child, or parent) with a serious health condition.
• Your own serious health condition that makes you unable to perform your job.
• Any qualifying exigency arising from a family member’s military service.

To be eligible, you must meet the following conditions:

• You have worked for your employer for at least 12 months (not necessarily consecutively).
• You have worked at least 1,250 hours during the 12 months before the leave.
• Your employer has 50 or more employees within a 75-mile radius of your worksite.

If you meet these criteria, you can move forward with your request for FMLA leave.

How to Request FMLA Leave in New Jersey?

1. Notify Your Employer

You must provide at least 30 days’ notice if the leave is foreseeable, such as for an expected birth or surgery. If the leave is unforeseeable, notify your employer as soon as possible. Your employer may require you to follow the company’s standard procedures for reporting leave.

Your notice should include enough information to clarify that you are requesting leave for an FMLA-qualifying reason. You do not need to mention FMLA specifically, but you should provide details that suggest the need for protected leave. For example, you could state that you need time off for a medical condition that prevents you from working or caring for a family member with a serious health condition.

2. Complete the Necessary Paperwork

After you notify your employer, they may provide you with the necessary forms to complete your request. This usually includes a “Notice of Eligibility and Rights & Responsibilities” form, which outlines your FMLA rights and informs you if you meet the initial eligibility requirements.

You will likely need to submit a medical certification form that verifies the need for leave. This form should be completed by a healthcare provider and include information such as:

• The date the condition started.
• The expected duration of the condition.
• A description of the medical necessity for leave.

Be sure to submit all forms within the required deadlines. Failure to provide timely documentation may delay or deny your FMLA leave request.

3. Understand Your Rights During FMLA Leave

While FMLA leave is unpaid, your employer must maintain your group health benefits during your leave period. You are entitled to reinstatement to the same or equivalent position upon your return from leave.

During your FMLA leave, your employer may require periodic updates on your status or your intent to return to work. You are not required to work during your leave, but it is important to communicate with your employer as necessary.

4. Returning to Work

Once your leave is over, notify your employer of your intent to return to work. Sometimes, you may need to provide a “fitness for duty” certification if your leave was due to your own medical condition. This certification confirms that you are medically able to resume your job duties.

Your employer must reinstate you to the same position or a comparable role with the same pay, benefits, and conditions. If your position was eliminated for legitimate business reasons, your employer may offer a similar job or terminate your employment. However, your employer cannot use your FMLA leave as a reason for terminating or demoting you.

5. Addressing Denials or Violations

If your employer denies your FMLA leave request or fails to restore you to your position, you may have legal options. The FMLA prohibits employers from interfering with your rights or retaliating against you for taking leave. If you believe your rights have been violated, you can file a complaint with the U.S. Department of Labor’s Wage and Hour Division or seek legal counsel.

It is important to keep detailed records of your leave request, any communications with your employer, and any documentation you submit. These records can be helpful if you need to dispute a denial or pursue legal action.

The South Jersey FMLA Lawyers at The Gold Law Firm P.C. Help You Protect Your Rights

Navigating the FMLA process can be confusing, especially if your employer challenges your request or violates your rights. Speak with the South Jersey FMLA lawyers at The Gold Law Firm P.C. today. Contact us at 215-569-1999 or online to schedule your free consultation with our experienced legal team. With offices in Philadelphia and Pennsauken, New Jersey, we serve clients in South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.