By Rayan 
When personal and family responsibilities demand your full attention, having the ability to take leave without fearing job loss is essential. In addition to federal protections under the Family and Medical Leave Act (FMLA), New Jersey workers—including those in Fairfield Township—may also benefit from the state-level New Jersey Family Leave Act (NJFLA). This important law allows eligible employees to care for loved ones while ensuring their job is protected.
What Is the NJFLA?
The NJFLA provides eligible employees with up to 12 weeks of job-protected leave in a 24-month period. Unlike the federal FMLA, which allows leave for an employee’s own medical condition, the NJFLA is specifically designed to allow workers to care for:
- A newborn or newly adopted child
- A seriously ill parent, child, spouse, or other covered family member
- Family members affected by a public health emergency, such as COVID-19
Importantly, NJFLA leave is job-protected, meaning your employer must reinstate you to the same or a comparable position when you return.
Eligibility Requirements
To qualify for NJFLA leave, an employee must:
- Work for a company with at least 30 employees
- Have been employed with the company for at least one year
- Have worked a minimum of 1,000 hours in the past 12 months
Employees may be able to take NJFLA and FMLA consecutively, depending on the circumstances, which can extend the overall length of protected leave.
What Employers Can and Cannot Do
Under the NJFLA, your employer cannot:
- Deny a valid leave request
- Retaliate against you for taking leave
- Fail to reinstate you to your prior position or an equivalent one
If your rights are violated, you may have a claim for compensation, reinstatement, and even punitive damages in certain cases.
How to Protect Your Leave Rights
If you are planning to take NJFLA leave or have already faced pushback from your employer, documentation is key. Notify your employer in writing, retain all communication records, and consult an attorney if you encounter resistance.
Speak with Fairfield Township’s Legal Advocates
Protecting Your Rights during a family health emergency is not only important—it’s the law. Castronovo & McKinney, LLC has helped employees across Fairfield Township and New Jersey assert their rights under the NJFLA. Whether your leave was denied, your job was not restored, or you were retaliated against, their experienced team is ready to help.
Contact Castronovo & McKinney Today
New Jersey Office:
71 Maple Ave
Morristown, NJ 07960
Phone: 973.920.7888
Fax: 973.920.7924
New York Office:
420 Lexington Avenue, Suite 1830
New York, NY 10170
Phone: 646.755.3781
Fax: 646.755.3781