Legal Recourse for NJ Employees Fired After Requesting FMLA Leave

In New Jersey, employees have legal rights when it comes to taking time off for serious health needs or family emergencies. But what happens when an employee is fired simply for requesting a leave under the Family and Medical Leave Act? Unfortunately, this is a situation many workers face.

The FMLA was created to give workers job-protected time off for important life events like recovering from a medical condition, caring for a sick relative, or bonding with a newborn. In New Jersey, those protections are bolstered by additional state laws that give employees even more rights. 

This article will break down what the law says about FMLA leave interference, what to do if you’re fired after requesting it, and what legal recourse may be available under both federal and New Jersey law.

Understanding FMLA: What It Covers

The Family and Medical Leave Act (FMLA) is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave during a 12-month period. Reasons for taking FMLA leave include:

• Recovering from a serious health condition
• Caring for a spouse, child, or parent with a serious health condition
• Giving birth and caring for a newborn
• Adopting or fostering a child
• Caring for an injured military service member in your immediate family
• Certain circumstances related to a family member’s military deployment

To qualify for FMLA protections, you must:

1. Work for a covered employer (generally those with 50+ employees within 75 miles) - remote employees could qualify too
2. Have worked for your employer for at least 12 months
3. Have clocked at least 1,250 hours during the previous 12 months.

In New Jersey, you may also qualify for New Jersey Family Leave Act (NJFLA) protection, which provides an additional 12 weeks of leave to care for a family member, but not for your own medical condition.

Learn more: Can You Take FMLA Leave for Burnout in NJ?

Can You Be Fired for Requesting FMLA Leave?

Under the FMLA, it is illegal for an employer to:

• Fire you for requesting or taking qualified FMLA leave
• Discipline you for using FMLA leave
• Deny a valid leave request
• Interfere with your right to take leave
• Retaliate against you for asserting your FMLA rights

This means your employer cannot legally terminate you for requesting or taking leave you’re entitled to under the law — and if you were denied FMLA leave without a valid reason, that too may violate your rights.

However, employers often try to justify a termination using unrelated reasons: poor performance, layoffs, or vague policy violations. But if the timing is suspicious or the stated reason doesn’t hold up, it may amount to retaliation after FMLA leave.

Common Signs of FMLA Retaliation

Sometimes, the retaliation is direct: a supervisor might make a negative comment about you needing time off for therapy sessions or deny your FMLA leave for surgery outright. Other times, it’s more subtle or delayed.

Here are some red flags:

• You were fired shortly after requesting or taking FMLA leave
• You received a poor performance review after years of positive feedback
• You were written up for minor issues after returning from leave
• You were demoted, reassigned, or excluded from meetings
• You were replaced by someone else while you were out
• Your employer made negative remarks about your leave request

Any of these signs could be grounds to take legal action, especially if your leave was approved or should have been under the law. If you’re being forced to return early from FMLA leave, that pressure could violate both federal and state protections.

What Legal Protections Apply in New Jersey?

New Jersey workers have dual protection under both federal FMLA law and state-specific laws like:

1. New Jersey Family Leave Act (NJFLA)

This law offers 12 weeks of leave in a 24-month period for family caregiving (not your own illness). You’re covered if:

• Your employer has 30 or more employees
• You’ve worked for at least 12 months
• You’ve worked 1,000 hours in the last 12 months

2. New Jersey Law Against Discrimination (NJLAD)

If you were fired for taking leave related to a disability, pregnancy, or other protected category, this could also qualify as discrimination under NJLAD. For example:

• Terminating a pregnant employee who requested leave
• Firing someone undergoing cancer treatment

NJLAD provides broader protection than the FMLA and can support a claim for harassment, retaliation, or wrongful termination if related to a protected class.

Steps to Take If You Were Fired After Requesting FMLA Leave

If you believe you experienced a termination after medical leave request in NJ, it’s important to take the right steps early on. Here's what to do:

1. Gather Documentation

Collect any written communication about:

• Your leave request (emails, HR submissions, forms)
• Your job performance (reviews, emails from supervisors)
• Your termination (notice letter, HR comments)
• Any text messages, memos, or conversations about your leave

Document the timeline, especially if the firing happened shortly after your leave was approved or used.

2. Request a Written Reason for Termination

Ask your employer to provide a formal reason for your firing. This can help identify inconsistencies between their explanation and the timeline of your leave request.

3. File a Complaint with the U.S. Department of Labor

You can file a complaint with the Wage and Hour Division of the Department of Labor (DOL), which enforces FMLA. They will investigate and may initiate enforcement action.

4. File a Complaint with the NJ Division on Civil Rights (DCR)

If your leave relates to a protected category under NJLAD (like pregnancy or disability), you can file a separate complaint with the NJ Division on Civil Rights.

5. Speak with an Employment Attorney

You don’t have to go through this alone. A skilled FMLA attorney in New Jersey can help you assess your rights, gather evidence, and determine the strongest legal strategy, whether it involves negotiating a settlement or filing a lawsuit.

What If You Didn’t Qualify for FMLA or NJFLA?

Even if you weren’t eligible for formal leave under FMLA or NJFLA, you may still be protected under:

• The Americans with Disabilities Act (ADA)
• New Jersey Law Against Discrimination (NJLAD)

If your medical condition qualifies as a disability, your employer may be required to accommodate your time off, and firing you could still be illegal.

You Don’t Have to Accept an Unlawful Firing

According to the U.S. Department of Labor, the most common FMLA violation in fiscal year 2024 was employers outright denying workers their legal right to take leave. Not far behind were cases involving discrimination or termination after an employee exercised their leave rights: a clear indication that retaliation remains a serious and ongoing issue in today’s workplaces.

While employers do have the right to discipline or terminate workers for legitimate business reasons, those reasons cannot be a cover for retaliation or disability-based discrimination. Whether your employer forces you to work during FMLA leave or terminates you shortly after you request time off, these actions may signal a violation of state or federal law.

If you suspect your firing was linked to your request for leave, don’t let it slide. You may have a case for wrongful termination.

Contact Us for Legal Advice and a Free Consultation

We help New Jersey employees stand up to termination after medical leave, workplace retaliation, and employer misconduct. If you were fired after requesting medical or family leave, we’re here to help you.

Let a qualified FMLA lawyer in New Jersey review your situation, explain your rights, and outline a legal strategy tailored to your case.

Contact us today for a free and confidential consultation. Let us help protect your future.