Legal Question in Medical Leave in New Jersey
Family Medical Leave Act
A supervisor recently told me I could only use the 12 week Family Medical Leave Act for pregnancies.His supervisor told him that I needed a detailed note as to why I need two weeks to care for my wife after a surgical procedure. The doctor provided a brief note stating I would need 2-3 weeks. I also requested three weeks my imm sup said put in for two and ask for a third near the end of the 2 weeks. Also is your employer entitled to know what procedure your wife is undergoing. If they are not what recourse do I have. I work for the federal government
1 Answer from Attorneys
Re: Family Medical Leave Act
The only clear answer to your question is that the FMLA will apply to permit you to provide care for your wife, provided that she has a 'serious health condition' and you are otherwise eligible for FMLA.
As a general rule of thumb, if you doctor says that you are going to need 3 weeks to care for your wife, then that is what you should seek. It's usually easier to come back early than get more time.
If your leave is denied, you should consult with an attorney to help you get the leave you are entitled to receive.
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