Family Medical Leave Act
Upon first review, the Family and Medical Leave Act (FMLA) certainly seems like a pretty straightforward law: it provides up to twelve weeks of “job protected” leave per year for employees to take time off to care for themselves or an immediate family members who have a “serious health condition.” During this 12-week period of job-protected leave, an employer must hold your job open for you and then return you to it when you are ready to come back to work.
But upon closer look, the FMLA, while providing great job protection for employees, proves to be a much more complicated statute than it a first might seem. For example, it covers only those employees who work for relatively large companies – ones that have at least 50 employees at your work site or within a 75 mile radius of where you work. It protects you only if you have worked a full year for your company, and if, during that year, you have worked at least 1250 hours. Your employer may argue that you don’t really have a “serious health condition” and therefore aren’t protected by the FMLA. It may argue that it didn’t have to keep your job open for you because there was a layoff. And the issues under the FMLA get more and more complicated the deeper you dig.
Attorneys Richard Schall and Patricia Barasch have handled numerous, and often extremely complex, FMLA cases during their nearly 40 years of combined experience representing employees. We enjoy the challenge of tackling the most complex legal issues under the FMLA – and there are plenty of them – and taking on the biggest corporations in New Jersey in FMLA cases.
If you believe your FMLA rights have been violated, please contact our firm by completing the on-line Questionnaire accessible on every page of our website.

