I need to take time off for a medical leave. What are my rights?
A. Employees who are eligible to take a leave under the Family and Medical Leave Act (“FMLA”) are entitled to take up to total of 12 weeks off per year for their own pregnancy, adoption, or serious health condition, and for family leaves to care for a child, parent or spouse with a serious health condition. In addition, some employees working in New Jersey are eligible to take up to 12 weeks of leave over a 24 month period under the New Jersey Family Leave Act for their own pregnancy, for adoption, or to care for a child, parent or spouse with a serious health condition. At the expiration of a leave under the FMLA or the New Jersey Family Leave Act, an employee is generally entitled to return to either his or her former position or an equivalent one. Unless a company has a policy that provides otherwise, family and medical leaves are unpaid. To take a leave under the FMLA or the New Jersey Family Leave Act, an employee must give reasonable advance notice of his or her need for the leav