Family leave

Employer Can Fire Employee it Honestly Believes Abused FMLA Leave

May 4, 2022 | by Jonathan I. Nirenberg

A recent unpublished decision from the Third Circuit concludes that an employer can fire an employee because it honestly believes she abused her Family & Medical Leave Act (“FMLA”) leave.

Marsha VanHook worked as a patient representative for Cooper Health System for approximately nine years. One of her sons has attention deficit hyperactivity disorder (“ADHD”), severe oppositional defiance disorder, chronic depression, and anxiety.

For many years, Cooper allowed Ms. VanHook to take an intermittent FMLA leave to care for her son when he was not in school or supervised by someone else. However, Ms. VanHook’s supervisor eventually heard from another employee that Ms. VanHook might be using her FMLA leave inappropriately. In addition, Cooper’s Human Resources Department heard that Ms. VanHook was often using her FMLA Leave immediately before a weekend or another day off, which raised suspicion.

New Jersey Court Recognizes Importance of Recertifying FMLA Leave

August 13, 2021 | by Jonathan I. Nirenberg

A recent District of New Jersey opinion emphasizes the importance of recertifying an intermittent Family & Medical Leave Act (“FMLA”) leave when your employer asks you to do so. An intermittent leave is when you seek permission to take time off, as needed in the future.

Matthew Calio is a corrections officer for the Camden County Board of Chosen Freeholders, which does business as the Camden County Department of Corrections (“DOC”). Mr. Calio alleges the DOC violated the FMLA and the New Jersey Family Leave Act (“NJFLA”) when it suspended him after he took time off to help care for his mother who suffers from dementia.

On several previous occasions, Mr. Calio asked the DOC for an intermittent family leave so he could help care for his mother, and the DOC granted his request. His most recent request was in 2018, which he sought due to his mother’s intermittent flare ups that caused her to be incapacitated once per month for up to five days. The DOC granted Mr. Calio permission to take up to one week off every four weeks between December 12, 2018 and June 12, 2019.

New Jersey Family Leave Act Amended Again

May 15, 2020 | by Elliot M. Baumgart

The New Jersey Family Leave Act (“NJFLA”) has been amended yet again, this time in response to the coronavirus epidemic.

Signed into law by Governor Murphy on April 14, 2020, the amendment creates additional reasons why an otherwise eligible employee may use job protected family leave when there is a widespread occurrence of an infectious disease. The amendment is retroactive to March 25, 2020.

In addition to the previous justifications for an employee taking family leave, including so the employee can provide care made necessary by reason of the birth or adoption of a child, or the “serious health condition” of the employee’s family member, the amendment creates a whole new category of circumstances that now qualify as a basis for a job-protected family leave.

New Jersey Enacts New Sick Leave Law

May 11, 2018 | by Jonathan I. Nirenberg

New Sick Leave Requirements

Earlier this month, Governor Phil Murphy signed an important new employment law that requires employers to provide paid sick leave to their employees. Specifically, New Jersey’s new paid sick leave law requires employers to provide most employees one hour of paid sick leave for every 30 hours they work. Employers must permit employees to use this earned sick leave for:

The employee’s diagnosis, care, treatment, or recovery from a mental or physical illness or injury, or preventive medical care;

Assemblyman Hopes to Improve New Jersey Paid Family Leave

January 9, 2017 | by Jonathan I. Nirenberg

According to a recent report in the New Jersey Law Journal, New Jersey State Assemblyman Reed Gusciora is planning to propose legislation to improve paid family leave benefits.

The New Jersey Paid Family Leave Act, which was passed in 2009, permits eligible employees to take up to 6 weeks of paid family leave per year. Employees who take family leave receive up to two-thirds of their compensation, with a maximum benefit of $615 per week.

Assemblyman Gusciora is seeking to add protection against retaliation for employees who take time off under the Paid Family Leave Act. Although there are many other statutes that protect employees against retaliation under certain circumstances, currently there is no such protection in the Act.