FMLA – Know Your Rights or Risk Losing Them!

Last week I posted a blog entry on the Family Medical Leave Act (FMLA), and specifically, sought to cut through the legalize so that anyone could understand the law in plain language.  You can read last week’s blog entry by following this link: http://tinyurl.com/pj6rxf4

Unfortunately, it has been my experience that a lot of managers and supervisors are not adequately trained in the FMLA law and, as a result, often unwittingly violate it.  A common violation of the law occurs with regard to a supervisor’s lack of understanding regarding the FMLA notice requirements that must be provided to every eligible employee.

For example, let’s say that you are out sick or have sustained an injury which requires that you be out of work for at least three consecutive days.  During that time out of work, you have gone to a doctor’s visit or have gone to therapy at least two times.  If your employer is aware of these events through your communicating it to them directly or via medical notes, then your employer has an affirmative duty to notify you that you qualify for FMLA Leave.  Specifically, your employer must notify you in writing, within five days of learning that you are eligible for the leave, that you qualify for FMLA leave.

Sign Up for E-News

Once you are aware that you qualify for FMLA leave, then it will be your choice to decide whether want to designate your time off as FMLA leave or not.  This obligation to inform you about your about your FMLA qualification may be extremely helpful to you because, unlike sick days, days out on FMLA leave cannot be used to discipline an employee in an allegation of excessive or chronic absenteeism.

To further illustrate this point, I have known several clients who have been disciplined for abusing their sick time because, according to their employer, they had been out too many days sick.  In each of these situations, it turned out that the employer was in the wrong because on each occasion, the employer had failed to notify the employee earlier in the year that their time off had qualified for FMLA leave.  If the employer had adhered to the law, then then my clients would never have been disciplined because FMLA leave is protected time and cannot be used to discipline an employee.  Because they were never informed that their time off due to illness had been FMLA qualifying leave, their employer violated Federal law by interfering with their statutory rights.

Whether you are an employer looking for assistance with setting up policies, or an employee who feels unfairly treated, Fred Shahrooz-Scampato can provide you with the benefit of his over twenty years of experience in employment law. He can be reached at Scampato@njlaborlaw.com or (908) 301-9095 or by visiting www.njlaborlaw.com.

Fred Shahrooz-Scampato, Esquire

Whether you are an employer looking for assistance with employment law issues, or an employee who feels unfairly treated, Fred Shahrooz Scampato can provide you with the benefit of his over twenty years experience in employment law. His goal is to prevent workplace problems from becoming costly litigation. He can be reached at Scampato@aol.com, Scampato@njlaborlaw.com or 908-301-9095. Visit his website at www.njlaborlaw.com.
 

The opinions expressed herein are the writer's alone, and do not reflect the opinions of TAPinto.net or anyone who works for TAPinto.net. TAPinto.net is not responsible for the accuracy of any of the information supplied by the writer.

TAP Into Another Town's News:

You May Also Like

Sign Up for E-News

Westfield

Hikers Clash with Mountain Bikers Over Watchung Reservation Trails at Union County Freeholders Meeting

March 24, 2017

ELIZABETH, NJ — A large crowd gathered at the Union County Freeholders regular meeting on March 23 to comment on the county’s plan to allow mountain bikes in Watchung Reservation.

Chairman Bruce Bergen gave a short statement before allowing anyone to speak, indicating that in February 2016, the board had adopted a Trails Master Plan to bring up to seven miles of dual use ...

Westfield Resident Writes that 24 Million will be Left Uninsured with Repeal of ACA

March 23, 2017

The Congressional Budget Office estimates that 24 million people will be left uninsured with the repeal of the Affordable Care Act. While it hard to conceptualize a number that vast, to make it real you need only to condense that statistic into 24 million realities, 24 million individuals at kitchen tables across America, 24 million private worries and mental spreadsheets and silent ...

Upcoming Events

Fri, March 24, 4:00 PM

WESTFIELD

Crimson Speech and Debate

Education

Carousel_image_cde15e1c25a06c73c92f_jack

Fri, March 24, 5:00 PM

NosVino, Westfield

Free Whiskey Tasting: Gentleman Jack

Food & Drink

Sat, March 25, 9:00 AM

Mother Seton Regional High School, Clark

Mother Seton Saturday Enrichment Program

Education Food & Drink Sports

Obituaries

Feb 12, 1953 - Feb 26, 2017
Michael D. Celock, 64, of Cranford, NJ, passed away unexpectedly and peacefully in his sleep ...
Read more

Westfield Police Blotter: Multiple Possession Arrests Made in Town & More

March 22, 2017

March 15, 2017 9:08 p.m.

Officers Martinez and Johnson arrested Trenton Boyer, Jr. age 26, of Linden, NJ, on the strength of a Westfield Municipal Court warrant in the amount of $294 and a Roselle Park Municipal Court warrant in the amount of $100 at Linden Police Department. Subject was transported to headquarters where he was processed and released on his own recognizance.

March 16, 2017 ...

Westfield Interfaith Coalition for Refugee Family Support Presents Screening of 'After Spring'

March 24, 2017

On March 30, 2017, the Westfield Interfaith Coalition for Refugee Family Support will host a screening of the Jon Stewart-executive produced documentary, "After Spring." The Kickerstarter-funded documentary is set in the Zaatari Refugee Camp, a United Nations-sponsored Syrian refugee camp located in northern Jordan near the Syrian border. The film ...

Dog Found in Westfield Friday

UPDATE: Reunited with owner.

ORIGINAL POST: Found in Westfield Friday. Contact the Westfield Police Department at 908-789-4000.

Westfield Area YMCA Offers Youth Mental Health First Aid Training

The Westfield Area YMCA recognizes that stress, anxiety and depression are conditions that occur in all of us, including our youth. To help build awareness and understanding, a mental health first aid training is being offered to members and non-members at the Main Y Facility, 220 Clark Street in Westfield.  Training is scheduled for Monday, April 24, and Tuesday, April ...

Murder on the Orient Express

‘Murder on the Orient Express’ streams along in sizzling suspense

By Liz Keill

PRINCETON, NJ – Agatha Christie’s murder mystery, “Murder on the Orient Express,” has received a terrific stage adaptation by Ken Ludwig. He’s taken a few liberties with the numerous characters, but has tightened the story line so that it all works seamlessly.

Ludwig ...

The Floor Plan

There's an App for That - Cove's Digital 'Stainfighter'

Clean-Up on Aisle...!

We have all been there, spills happen and are a fact of life.

Don't distress ... You don't need a 'bat phone', signal for The Green Hornet, or check the cloak closet to see if Clark Kent is changing into his tights and cape as he morphs into his alter-ego.

When a 'Stain Emergency' occurs, the Cove Carpet One Floor ...

Home Staging Tips for a Successful Sale

First impressions are lasting. So it makes sense that to get the best value when selling your home, you should start with its curb appeal to entice potential buyers to come inside your home. When likely buyers enter the front door, you want them to realize this is the home for them to create new memories.

A Realtor can help you to identify small household changes, both outside and in, that ...

Proposed Wage Discrimination Legislation Could Alter New Jersey’s Employment Playing Field

Although it is presently illegal under the New Jersey Law Against Discrimination (the “LAD”) to pay people different wages for performing the same work under similar working conditions because of their gender, there is currently pending in both the State Senate and Assembly legislation “concerning equal pay for women and employment discrimination, requiring public contractors to ...

Westfield Students Fill Wish List for Hospitalized Children

The Student Council of Roosevelt Intermediate School in Westfield went on a shopping spree on Feb. 28 to purchase children’s toys and baby items for the Children Specialized Hospital in Mountainside. The Student Council, which includes sixth, seventh and eighth graders, raised $1,000 during a fall fundraiser to fill the wish list created by the hospital’s long term care ...

What Is People Pleasing?

March 13, 2017

As you were growing up you may not have learned how to take good care of yourself.  In fact, much of your attention may have been in taking care of others or on just getting by. People Pleasing is a term that refers to taking care of others’ needs rather than taking care of ourselves.

People often confuse “people pleasing” with being unselfish and make comments such ...

Pennsylvania Offers Tax Amnesty

If you reside in Pennsylvania and have struggled with past-due taxes, you'll want to hear this important news.

From April 21 through June 19, 2017, the Pennsylvania Department of Revenue will offer tax amnesty to taxpayers who owe past-due taxes. During this 60-day period, the Pennsylvania Department of Revenue will waive all penalties and half of the interest owed by those ...

Imagine Trains Newest Class of Volunteer Facilitators

Eleven new volunteers attended our four-day volunteer facilitator training to help Imagine start a fifth Night of Support.

“The training has restored my belief in the compassion of all and was truly transformative. I have learned so much and my life will be, and already has been, enriched by the knowledge shared.” - Stephanie Naphtali.

Thank you as always to our ...

In Your Community

Atlantic Health System Joins American Cancer Society in Fight Against Colorectal Cancer

Atlantic Health System (AHS), a leading health care delivery network, announced today the organization’s commitment to increase colorectal cancer screening in New Jersey by joining "80 percent by 2018" - a national effort of the American Cancer Society in the fight against the disease. 

Colorectal cancer is the third most commonly diagnosed cancer in both men and women.

Watchung Hills High School Students Honored for Saving Classmate's Life

March 20, 2017

WARREN, NJ –  Two Watchung Hills students who helped to save a classmate's life were recognized at the meeting of the Watchung Hills Board of Education on Tuesday.

WHRHS student Sarah Magaldo went into sudden cardiac arrest while on one of the events on the Project Adventure course on the morning of Jan. 19. Two students who had just ...