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Worried about taking a family leave? Understand your rights

On Behalf of | Dec 5, 2024 | Employment Law |

Have you ever worried about choosing between your job and your family? The New Jersey Family Leave Act (NJFLA) ensures you don’t have to. This vital law protects your right to care for a newborn or a seriously ill loved one without risking your career.

Unfortunately, some face subtle pressure or outright resistance from their employer when they try to use their leave. Knowing how to recognize and navigate these challenges is key to protecting your rights.

An overview of the NJFLA

The NJFLA protects your right to take time off for important family matters. You can take up to 12 weeks of job-protected leave within a 24-month period. The law applies to all government agencies, companies and organizations that employ 30 or more people in total.

To qualify for this leave, you must have:

  • Worked for your employer for at least one year
  • Clocked at least 1,000 hours in the 12 months before your leave

These 1,000 hours include your regular work time and overtime, but not hours where you received extra pay for overtime.

Recognizing retaliation

Retaliation refers to any harmful action an employer takes against an employee for using their rights under the Act. This includes trying to stop employees from taking leave or punishing them for doing so. The NJFLA prohibits retaliation and allows employees to seek legal recourse, which may result in fines or civil liability for the employer.

But how can you recognize retaliation? Here are some examples:

  • Direct threats of termination or demotion
  • Implying that taking leave could hurt your career
  • Reducing your hours or changing your job duties after you return
  • Creating a hostile work environment

If you experience any of these actions or other suspicious changes in your work environment, it’s crucial to document them carefully.

Your right to take family leave is protected by law

Don’t let pressure or fear keep you from exercising this right when you need it. If you’re facing resistance or retaliation, remember that help is available. Reach out to an attorney who can help you understand your rights and explore your options.