FMLA Lawyers in New Jersey

Your Right to Family and Medical Leave Shouldn't Cost You Your Job

Taking care of your health — or a loved one — shouldn't lead to demotions, retaliation, or job loss. If your employer punished you for requesting or using leave, denied your time off, or discouraged you from applying in the first place, they may have violated the law.

Brandon J. Broderick New Jersey FMLA lawyers help employees enforce their right to take protected leave without fear of consequences. If your leave was blocked, cut short, or used against you, we're here to listen, explain your options, and help you take the next step.

What Counts as FMLA Interference in New Jersey?

The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave for certain family or medical reasons. Under the law, your employer cannot:

• Deny or delay a valid FMLA request
• Pressure or discourage you from taking leave
• Require you to work while on leave
• Fail to restore your position (or an equivalent one) after leave
• Count your leave against you when making decisions about promotions, raises, or termination

Even if you didn't use the term "FMLA," you may still be protected under the law if your situation qualifies.

Common Examples of FMLA Violations

• You were denied leave despite meeting eligibility requirements
• Your employer made it difficult or confusing to apply for FMLA
• You were pressured to return to work early
• You were demoted, disciplined, or fired after returning from leave
• You were told you'd lose your job if you took time off
• You were replaced while on FMLA and never reinstated
• You were retaliated against for requesting or using your leave

If any of these sound familiar, you may have experienced FMLA interference or FMLA retaliation — both of which are illegal.

What to Do If Your FMLA Rights Were Violated in New Jersey

1. Keep a Record

Document the dates you requested leave, how your employer responded, and what happened afterward. Save all emails, forms, doctor's notes, and HR communications.

2. Understand Your Eligibility

To qualify for FMLA, you must have worked for your employer for at least 12 months, logged 1,250+ hours in the past year, and your employer must have 50+ employees within 75 miles.

3. Speak to a New Jersey FMLA Attorney

If you're unsure whether your rights were violated — or how to respond — we can help. We'll review your case, explain your options, and protect your job (and your future) every step of the way.

How Our New Jersey FMLA Lawyers Can Help

FMLA cases often involve paperwork, policy confusion, and employer gaslighting. We're here to cut through that noise and give you the answers and support you deserve.

Here's what we offer:

• A free, confidential review of your situation
• Clear guidance on your eligibility and protections
• A focused strategy to pursue compensation or job restoration
• A team that communicates clearly and takes your concerns seriously

What You May Be Entitled To

If your employer violated your FMLA rights, you may be eligible to recover:

• Lost wages or benefits
• Reinstatement to your former job
• Compensation for emotional distress
• Double damages under federal law
• Attorney's fees and legal costs

You took leave for a legitimate reason. Let us help you hold your employer accountable for what came next.

Frequently Asked Questions: FMLA Interference in NJ

What is FMLA, and who qualifies for it?

FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave for serious health conditions, family care, or childbirth. Eligibility depends on your length of employment and company size.

Can my employer deny my FMLA request?

Only if you don't meet the eligibility criteria. If you qualify and provide the proper documentation, your employer must grant the leave — and cannot retaliate against you for taking it.

Can I be fired while on FMLA leave?

You can't be fired because of FMLA leave. If your termination is tied to your leave, that's likely illegal.

Do I have to say "FMLA" when I ask for time off?

No. As long as your request clearly involves a qualifying reason (like surgery, childbirth, or caring for a sick family member), the employer is expected to recognize it as a potential FMLA claim.

What if I was demoted after coming back from leave?

That may qualify as retaliation. Employers must return you to your original role — or an equivalent one — with no loss of pay, status, or benefits.

You Took Time Off for the Right Reasons — Now Let's Make Sure You're Protected

Whether you were recovering, caregiving, or navigating something deeply personal, your leave was protected. If your employer crossed the line, we're ready to help you draw one back.