How long do I have to file a claim if I’ve experienced retaliation for exercising my family and medical leave rights?

Under the FMLA’s statute of limitations, you have two years after your employer violates your rights under the statute or retaliates against you for exercising your rights to file a lawsuit. However, the statute of limitations can extend to three years when an employer intentionally or willfully violates your rights. In addition, you may have only two years to file a lawsuit under the NJFLA. Because you have limited time to pursue your claims, contact an FMLA retaliation lawyer in Cherry Hill, NJ, as soon as possible to ensure your case gets filed on time.

What recovery can I obtain in an FMLA or NJFLA lawsuit?

If you file suit for violations of your FMLA or FLA rights, you may be entitled to legal relief that includes: Compensation for back or front pay and job benefits if you were demoted, transferred, suspended, or terminated in retaliation for exercising your rights Reinstatement to a former position you were wrongly removed from Injunctive relief ordering your employer to grant you FMLA or FLA leave Compensation for emotional trauma and distress Reimbursement for your legal expenses incurred in pursuing your case

New Jersey Family and Medical Leave Retaliation Attorney | FMLA Retaliation Lawyer Cherry Hill, NJ

FMLA Retaliation Lawyer in Cherry Hill, NJ, Stands Up for the Rights of Workers Who Take Protected Leave in Camden County, Atlantic County, Burlington County, Gloucester County, and Throughout South Jersey

Federal and state law grants many workers in New Jersey the right to take job-protected unpaid leave to have a child or care for their or a family member’s health condition. Unfortunately, some employers choose not to respect this right by denying valid requests for leave or retaliating against workers who request or take leave. If you’ve been denied FMLA or FLA leave or your employer has retaliated against you for requesting or taking protected leave, get experienced legal representation from a New Jersey family and medical leave retaliation attorney to defend your rights. Contact The Riback Law Office for an initial case evaluation to discuss your legal options with an FMLA retaliation lawyer in Cherry Hill, NJ.

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What Is the Family and Medical Leave Act?

The Family and Medical Leave Act is a federal law that provides eligible employees of covered employers with job-protected unpaid leave. Covered employers include all public agencies and any private sector employer who employs 50 or more employees for at least 20 workweeks in the current or preceding calendar year. An employee of a covered employer becomes eligible for FMLA leave once they have worked for the employer for at least 12 months, have worked at least 1,250 in the 12 months before starting leave, and work at a location where their employer has at least 50 employees working within 75 miles of the location.

New Jersey Family and Medical Leave Retaliation Attorney

Eligible employees may take up to 12 workweeks of leave in any 12-month period for:

The birth of a child or to care for a child within one year of their birth
The placement of a child with the employee for adoption or foster care and to care for the child within the first year of placement
To care for a spouse, child, or parent with a severe health condition
A serious health condition that renders the employee unable to perform the essential functions of their job
Any qualifying emergency caused by the fact that the employee’s spouse, child, or parent is a servicemember on active duty

Employees may also take up to 26 work weeks of leave in a 12-month period to care for a spouse, child, parent, or next of kin servicemember with a serious injury or illness.

The FMLA also requires employers to provide reasonable break time for a nursing mother to express milk for their child, in addition to a private place to pump that is not a bathroom and shielded from view and free from intrusion.

What Is the New Jersey Family Leave Act?

The New Jersey Family Leave Act provides eligible workers in the state with job-protected leave. Employers must provide up to 12 weeks of leave in any 24-month period when the employer is either a state or local government agency or is a private employer with at least 30 employees. The employee taking leave has worked for the employer for at least one year and has worked at least 1,000 hours in the 12 months before taking leave. Eligible circumstances for NJLFA leave include:

To care for and bond with a newborn child or child newly placed for adoption or foster care
To care for a family member who has a severe health condition or who has been quarantined due to suspected exposure to a communicable disease during a state of emergency
To provide care for a child during a statement of emergency if their daycare or school closes due to a communicable disease or another public health emergency

Schedule A Confidential Consultation With An Experienced Employment Law Attorney – Call 800-610-4083 Or Fill Out Our Free Case Evaluation Form.

What Constitutes Family and Medical Leave Retaliation?

An employer may retaliate against a worker who requests information about their rights under the FMLA or NJLFA, requests qualifying leave under either statute or takes such leave. Employer retaliation may take the form of:

Suspension or termination
Refusing to promote or grant pay raises or bonuses
Assigning less desirable work duties
Denying job benefits such as health insurance
Excluding from meetings or social events
Denying training or professional advancement opportunities
Not permitting a nursing mother to take breaks to express milk in a private space

Contact The Riback Law Office for a Confidential Consultation to Discuss What Legal Options You Have in Your Case with an FMLA Retaliation Lawyer in Cherry Hill, NJ

You deserve to exercise your rights to protected leave. When your employer has retaliated against you for requesting or taking FMLA or NJFLA leave, contact The RIback Law Office for an initial claim evaluation to discuss pursuing a legal claim for compensation or other relief from your employer. Let New Jersey family and medical leave retaliation attorney William Riback help you stand up for your rights and interests and demand justice.