Caring for a spouse, child, or parent with a serious health condition

The employee’s own serious health condition

Work for a covered employer: typically private employers with 50 or more employees within 75 miles — <a href="/blog/fmla-and-remote-employees">remote workers can qualify for FMLA leave too</a>. 

Have worked for the employer for at least 12 months (not necessarily consecutively).

Have clocked at least 1,250 hours during the 12 months before the leave starts.

What About the New Jersey Family Leave Act (NJFLA)?

What the Law Says About Coverage During FMLA Leave

Telling an employee, “We’ll approve your leave, but only after you find someone to cover your shifts.”

Pressuring you to help reorganize schedules or redistribute duties while you’re out.

Imposing guilt or requiring you to “train” your replacement before going on leave.

Misunderstanding of the law: Not all supervisors are trained in FMLA compliance.

Understaffing: Small businesses or departments may feel stretched thin when someone goes on leave.

Fear of workflow disruption: Employers may panic about lost productivity and turn to employees to solve the problem.

What You Should Do If You're Asked to Find Coverage During FMLA Leave

Being written up for taking approved leave

Denial of promotions or assignments after returning

Being demoted or <a href="/blog/legal-recourse-for-nj-employees-fired-after-requesting-fmla-leave">fired shortly after requesting leave</a>

Speak With a New Jersey Employment Lawyer Today

Can NJ Employers Require You to Find Coverage During FMLA Leave? What Employees Need to Know

Recovering from a serious health condition

Caring for an injured military service member in your immediate family

Certain circumstances related to a family member’s military deployment

Work for a covered employer (generally those with 50+ employees within 75 miles) - <a href="/blog/fmla-and-remote-employees">remote employees could qualify</a> too

Have worked for your employer for at least 12 months

Have clocked at least 1,250 hours during the previous 12 months.

Can You Be Fired for Requesting FMLA Leave?

Fire you for requesting or taking qualified FMLA leave

Retaliate against you for asserting your FMLA rights

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

What Legal Protections Apply in New Jersey?

You’ve worked 1,000 hours in the last 12 months

2. New Jersey Law Against Discrimination (NJLAD)

Terminating a pregnant employee who requested leave

Firing someone undergoing cancer treatment

Steps to Take If You Were Fired After Requesting FMLA Leave

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

2. Request a Written Reason for Termination

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

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

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

<a href="https://www.ada.gov/">The Americans with Disabilities Act (ADA</a>)

<a href="https://www.nj.gov/lps/dcr/downloads/NJ-Law-Against-Discrimination-Most-Updated.pdf">New Jersey Law Against Discrimination (NJLAD)</a>

You Don’t Have to Accept an Unlawful Firing

Contact Us for Legal Advice and a Free Consultation

Legal Recourse for NJ Employees Fired After Requesting FMLA Leave

A serious health condition that makes you unable to perform your job

Work for a covered employer (more on that below)

Have worked at least 12 months for your employer

Have at least 1,250 hours of service during the previous 12 months

Work at a location where the employer has 50 or more employees within 75 miles

Employee Notice Requirements: What You Need to Know

Foreseeable Leave: If you know in advance (e.g., for a planned surgery or childbirth), you must give at least 30 days' notice. If you were <a href="/blog/denied-fmla-leave-for-surgery-nj-legal-options-explained">denied FMLA leave for surgery</a> despite giving proper notice, that could be a violation of your rights.

Unforeseeable Leave: If you can’t predict the need (e.g., an emergency or sudden illness), you must notify your employer as soon as practicable, typically within 1 to 2 business days.

“I need time off to recover from surgery.”

“My child has a serious health condition, and I need to care for them.”

“My spouse was just hospitalized, and I need to take care of things at home.”

Post a notice explaining FMLA rights in a visible location (even for remote workers, this can be posted online)

Provide written information to new employees about FMLA — often in an employee handbook or orientation materials

Whether they meet the eligibility criteria

Any rights or responsibilities moving forward

The specific expectations and obligations of the employee

Whether paid leave will run concurrently with FMLA

The employee’s obligation to return to work

What Happens When Employers Fail to Provide Notice?

Prevent the leave from being counted against the employee’s FMLA entitlement

Result in liability for interference or retaliation under the FMLA

Lead to lost wages, benefits, reinstatement, or damages

Coordination with the NJ Family Leave Act

Provides up to 12 weeks of leave in a 24-month period

Only applies to leave for caring for a family member, not for your own illness

Applies to employers with 30 or more employees

Employees must give 30 days’ notice if leave is foreseeable

Employers must provide similar notices about eligibility and designation

What If You Think Your FMLA Rights Were Violated?

Request an Explanation in Writing Ask your HR department to explain how your leave was handled and why it was approved or denied.

Gather Documents Save emails, medical certifications, pay stubs, and any paperwork related to your leave request.

File a Complaint with the State The <a href="https://www.dol.gov/agencies/whd">Department of Labor (Wage and Hour Division)</a> investigates FMLA violations and can help recover wages or benefits.

Talk to an Employment Attorney If your job was affected (if you were fired, demoted, or denied leave), a FMLA attorney in New Jersey can guide you through your legal options and help you file a lawsuit if necessary.

Notice Is the Foundation of FMLA Protection

FMLA Notice Requirements for NJ Employees and Employers

A serious health condition that makes the employee unable to work

The birth of a child and bonding time afterward

Certain circumstances related to a family member’s military service

Can My Employer Contact Me During FMLA Leave?

Ask for a brief update on your return-to-work date

Request clarification on a project or task you handled before leave

Inform you of changes that may affect your job or department

Expect you to respond regularly to emails or calls

File a complaint with the <a href="https://www.dol.gov/">U.S. Department of Labor</a>

Report retaliation to the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights</a>

“Can you hop on a quick Zoom?” – Even one meeting is too many during FMLA leave if it’s work-related.

“You’re the only one who knows how to fix this.” – This kind of guilt-tripping may be unlawful pressure.

“Just respond to emails when you can.” – That’s work, and it undermines the whole point of leave.

“We’ll call you if anything urgent comes up.” – If that call turns into a task, that’s not okay.

What to Do If You’re Being Pressured to Work on Leave

Document everything. Save emails, text messages, or call logs that show your employer contacted you during leave.

Politely push back. Let them know you’re on FMLA leave and unable to work until your return date.

Keep a journal. Write down any conversations or requests related to work during your leave.

Report the behavior. File a complaint with HR or your company’s compliance office.

Talk to an employment attorney. If the pressure continues, or if you’re retaliated against for asserting your rights, a talk with a qualified FMLA attorney in New Jersey can make a difference.

FMLA interference – for being pressured to work, asked to return early, or denied full use of your leave

FMLA retaliation – for being demoted, written up, or fired after taking or requesting leave

Wage and hour violations – if you worked during unpaid leave and were not compensated

Emotional distress damages – in certain cases where employer conduct was egregious

Can Employers Force NJ Employees to Work During FMLA Leave?

Your own serious health condition, like surgery

Your employer has 50 or more employees within 75 miles of your worksite — and <a href="/blog/fmla-and-remote-employees">remote employees can qualify for FMLA</a> too.

You’ve worked for your employer for at least 12 months (not necessarily consecutive).

You’ve worked at least 1,250 hours during the 12 months before your leave starts.

When Does Surgery Qualify for FMLA Leave?

Inpatient care (an overnight stay in a hospital, hospice, or residential medical care facility)

Continuing treatment by a healthcare provider that involves incapacity and follow-up care

Organ or tissue surgeries (such as gallbladder removal, appendectomy, or heart surgery)

Surgeries related to chronic conditions like Crohn’s disease or endometriosis

Giving at least 30 days’ notice if your surgery is planned (like knee replacement).

Notifying your employer as soon as possible if the surgery is unexpected (like emergency appendectomy).

Providing certification from your healthcare provider if requested, which explains why you need leave and how long you’re expected to be out.

Claiming you don’t qualify even when you meet the requirements

Saying your surgery “isn’t serious enough” to justify leave

Demanding excessive medical details beyond what the law allows

Telling you to use vacation time or sick days instead of FMLA leave — without informing you of your rights

Lack of knowledge: Small or disorganized HR departments may not understand FMLA obligations.

Staffing concerns: Employers worry about productivity or coverage during your absence.

Financial pressures: They may fear costs of hiring temporary replacements or paying benefits.

Discrimination or retaliation: Employers sometimes target employees who need leave, especially if they have a record of requesting time off or if implicit bias is involved.

What Happens If You’re Denied FMLA Leave?

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

Front pay if reinstatement isn’t possible

Liquidated damages (often doubling your losses)

The date you requested leave, how you asked (email, in-person, etc.), and who you spoke to.

Copies of medical certifications or doctor’s notes you provided.

Emails, letters, or texts from your employer about your leave.

Notes about any comments or behavior from supervisors indicating they were unhappy about your leave or threatened retaliation.

Firing or demoting you after you request or take leave.

Changing your job responsibilities as punishment.

Giving you negative performance reviews unrelated to your actual work.

An equivalent position with the same pay, benefits, and working conditions.

Denied FMLA Leave for Surgery? NJ Legal Options Explained

Care for a spouse, child, or parent with a serious health condition

Bond with a new child (by birth, adoption, or foster care placement)

Handle certain needs when a family member is on active military duty

Have worked for your employer for at least 12 months (not necessarily consecutive)

Have logged at least 1,250 work hours during the past 12 months

Work for an employer that has at least <a href="https://www.dol.gov/agencies/whd/fact-sheets/28-fmla#:~:text=50%20employees%20within%2075%20miles">50 employees within 75 miles</a> of your worksite

FMLA and Remote Employees: How Does It Work?

Your worksite is generally considered the office or location where you would report in person, or from where your assignments are made.

If your work is assigned and supervised from a company office, that location is your worksite for FMLA purposes — even if you never go there physically.

The 50-employee rule looks at how many people work within 75 miles of that office, not your home.

What Counts as a Serious Health Condition?

Conditions requiring inpatient care (like surgery or hospitalization)

Ongoing conditions requiring regular treatment (like cancer, diabetes, or severe asthma)

Periods of incapacity (like pregnancy complications, serious infections, or injuries)

How Remote Work Can Complicate Leave Requests

Employers may assume you can keep working from home even while you or your family member are ill.

Some managers mistakenly believe you don’t need leave if you’re not physically coming into an office, and <a href="/blog/denied-fmla-leave-for-surgery-nj-legal-options-explained">deny your leave for surgery and recovery after</a>.

Employers may question your need for leave if you’ve been able to juggle work and medical appointments while remote.

How to Request FMLA Leave as a Remote Employee

Notify your employer: Give as much notice as possible. For planned leave (like surgery), 30 days’ notice is ideal. For emergencies, notify them as soon as you can.

Provide medical certification: Your employer can require documentation from a health care provider showing your need for leave.

Clarify your worksite: Make sure HR knows where you report or get assignments — it can affect whether you meet the 50-employee threshold.

Get it in writing: Keep records of your request, communications with HR, and any paperwork you submit.

What Protections Do You Have as a Remote Worker?

Your employer can’t fire you, demote you, or otherwise retaliate against you for taking FMLA leave.

You’re entitled to return to the same or an equivalent job after your leave ends.

Your employer must continue your group health insurance under the same terms as if you hadn’t taken leave.

What If Your Employer Denies Your FMLA Leave?

File a complaint with the U.S. <a href="https://www.dol.gov/">Department of Labor (DOL)</a> — The Wage and Hour Division handles FMLA violations.

File a complaint with the <a href="https://www.njoag.gov/about/divisions-and-offices/division-on-civil-rights-home/">New Jersey Division on Civil Rights</a> — If the issue also involves discrimination or retaliation, NJLAD may apply.

Consider legal action — An FMLA lawyer in New Jersey can help you assess your case and guide you through your options, including negotiating with your employer or pursuing a lawsuit if necessary.

Emails or messages with HR or supervisors about leave requests

Pay stubs showing your hours (for hourly workers)

Notes from your doctor recommending time off or accommodations

Any paperwork submitted for FMLA or NJFLA leave

FMLA and Remote Employees: Understanding Your Rights in NJ

The birth, adoption, or foster placement of a child

A serious health condition that prevents the employee from working

To care for a spouse, child, or parent with a serious health condition

New Jersey’s Version: The Family Leave Act (NJFLA)

Business needs have changed (your position was “eliminated” or restructured)

Misuse of FMLA leave (e.g., taking leave for a vacation instead of medical recovery)

Change your shift to something less desirable

What If You’re Medically Cleared Early?

What If Your Employer Terminates You During Leave?

Know your rights. Understanding FMLA and NJFLA protections puts you in a stronger position.

Keep records. Save emails, texts, or voicemails where you're being asked to return.

Talk to your doctor. If you're not ready, your medical provider can reaffirm your need for leave.

Speak up (carefully). You can remind your employer (in writing) that you’re still on approved leave.

Talk to a lawyer. If you feel your rights are being violated, a qualified expert can advise you. Speaking with an experienced FMLA lawyer in New Jersey is often the fastest way to protect your job and your health.

Common Employer Excuses and Why They Don’t Hold Up

“We didn’t know you were still out.”

“We thought you were ready to come back.”

“The business can’t function without you.”

File a complaint with the <a href="https://www.dol.gov/agencies/whd">U.S. Department of Labor’s Wage and Hour Division</a>, which enforces the FMLA.

Employment Law Insights & Resources

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