Legal Question in Medical Leave in New Jersey
family leave act
Informed a supervisor that I had a family emergency with my daughter
I was given permission. When I came back after 5 days, I received a disaplinary action of 45 days without pay. Is this legal for a employer to give this action to me? I had 120 sick days, 60hours comp. time and 25 vacation days. How can I go about getting the pay back for the 45 days?
1 Answer from Attorneys
Re: family leave act
If you are eligible for FMLA protected leave, then the action by the employer was illegal. You will be FMLA eligible if your employer has more than 50 employees within 75 miles of where you worked and you were (1) employed for more than 1 year and (2) worked more than 1250 hours during the preceding 12 month period. You should consult with an attorney in your area to determine if there are state laws that will be of assistance to you or if you are FMLA eligible.