What Does FMLA Cover in NJ?
August 31, 2025
If you work in New Jersey and need time off to recover from a serious health condition or to care for a family member, you may be protected under the Family and Medical Leave Act (FMLA). This federal law provides eligible employees with unpaid, job-protected leave and requires employers to restore you to the same or an equivalent position when you return. If your employer denies or interferes with your rights or retaliates against you for taking leave, you may have legal options.
What Job-Protection Benefits Does FMLA Provide?
When you return from FMLA leave, your employer must:
- Restore you to the same job you had before, or to an equivalent position with the same pay, benefits, and working conditions.
- Maintain your group health insurance coverage during your leave, under the same terms as if you were still working.
- Provide raises or benefits you would have received had you been continuously employed, as long as those benefits are also provided to employees on similar types of unpaid leave.
Who Is Eligible for FMLA?
Not every employee qualifies for FMLA leave. To be eligible, you must meet all of the following requirements:
- You must have worked for your employer for at least 12 months (the months do not need to be consecutive).
- You must have at least 1,250 hours of service in the 12 months before your leave begins.
- You must work for an employer with 50 or more employees within a 75-mile radius of your worksite.
Covered employers include:
- Private-sector employers with 50 or more employees in 20 or more workweeks in the current or previous year.
- All federal, state, and local government agencies, regardless of size.
- Public and private elementary and secondary schools, regardless of size.
How Much Leave and For What Reasons?
Eligible New Jersey employees may take up to 12 weeks of unpaid leave in a 12-month period for:
- Their own serious health condition.
- Caring for a spouse, child, or parent with a serious health condition.
- The birth, adoption, or foster placement of a child.
- Certain family needs related to military service.
Employees may also be entitled to 26 weeks of leave in a single 12-month period to care for a covered service member with a serious injury or illness.
What Are Examples of FMLA Violations by Employers?
Employers violate FMLA when they interfere with your rights or retaliate against you for using leave. Examples include:
- Denying a valid FMLA request without justification.
- Failing to notify employees of their FMLA eligibility within five business days of a leave request.
- Harassing or pressuring you to return before your approved leave ends.
- Requiring you to work while on FMLA leave.
- Cutting off health insurance benefits during leave.
- Using FMLA absences against you in performance reviews or disciplinary actions.
- Demoting or firing you after returning from FMLA leave.
- Refusing to reinstate you to an equivalent job upon return.
What Should You Do If Your FMLA Rights Are Violated?
Employers are legally prohibited from denying FMLA rights or retaliating against employees for taking protected leave. If you believe your rights have been violated, it is recommended that you:
- Document the violation, including emails, notices, or adverse employment actions.
- File a complaint with the U.S. Department of Labor’s Wage and Hour Division.
- Contact an experienced FMLA lawyer, who can investigate your case and, if necessary, pursue a lawsuit for reinstatement, lost wages, benefits, and other damages.
New Jersey FMLA Lawyers at The Gold Law Firm P.C. Assist Clients With FMLA Claims
If your employer denied your request for FMLA leave or retaliated against you for taking medical leave, contact the New Jersey FMLA lawyers at The Gold Law Firm P.C. for help. We will explain your rights, protect your interests, and fight for the compensation you deserve. Call us today at 215-569-1999 or contact us online to schedule a free consultation. Our offices are in Philadelphia and Pennsauken, New Jersey, and we serve clients throughout South Jersey, including Cherry Hill, Haddonfield, Marlton, Moorestown, and Mount Laurel.
