A person can take a leave of absence at his or her place of employment for various reasons. Common reasons for a leave of absence include medical needs, the birth of a new child, or jury duty. The federal Family Medical Leave Act (FMLA) provides most privately employees individuals with up to 12 weeks of unpaid leave within a 12 month period. This can be used to care for a new baby, to care for sick family member or if the employee has a serious medial health condition.
Paid family leave varies based upon the state you reside in. In Pennsylvania, employers are generally not required to provide employees with paid leave. New Jersey, however, has had a paid family leave program in place since 2009. Starting January 1, 2018, private employees became eligible to take paid family leave in New York. If you are a public employee in the state of New York, your employer may choose to offer paid family leave. When an employer refuses to pay a worker for a leave claim, under which he or she is entitled to benefits, that worker may be entitled to damages.
Lawyer for Leave Laws in Philadelphia, PA
If your employer has refused to pay you while you were on leave in Pennsylvania, New Jersey, or New York, it is in your best interest to quickly seek legal representation. Console Mattiacci Law, LLC represents clients in Delaware County, Lancaster County, Montgomery County, Bucks County, and Chester County in Pennsylvania as well as Mercer County, Monmouth County, Ocean County, Atlantic County, Burlington County, and Camden County in New Jersey.
Our Philadelphia employment law attorneys can work to help you recover all unpaid wages and ensure that an employer is held fully accountable. You can have our lawyers review your case and answer all of your legal questions as soon as you call 215-545-7676 to receive a free initial consultation.
Types Leave Laws in Pennsylvania, New Jersey, and New York
Both federal and state law provide guidelines for leave for certain kinds of employees. For example, Title VII of the Civil Rights Act of 1964, which includes the Pregnancy Discrimination Act of 1978, provides for disability and parenting leaves. Another federal law that guarantees employees the right to unpaid leave to care for (or recover from giving birth to) a new child is the Family and Medical Leave Act (FMLA).
The FMLA also offers protections for individuals with short- or long-term disabilities. In such cases, workers may be entitled to additional protections under the Americans with Disabilities Act (ADA).
New York City employers with five or more employees are also required to provide paid sick leave. Employees in the New Jersey cities of Bloomfield, East Orange, Irvington, Montclair, Newark, Passaic, Patterson, or Trenton can also be entitled to paid sick leave.
Members of the United States Armed Forces (the Army, Marine Corps, Navy, Air Force, or Coast Guard) who take leave because of military duty are also entitled to retain their civilian employment and benefits under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). When any person loses benefits or wages because of his or her taking leave, he or she should immediately contact Console Mattiacci Law, LLC.
Damages for Leave Law Violations in Philadelphia, New Jersey and New York
When an employee is entitled to paid leave, but an employer refuses to compensate the worker, the employee may be able to file a claim to seek the compensation he or she is owed. In some instances, victims may be entitled to additional damages.
Pennsylvania, New Jersey, and New York all have state laws allowing victims to pursue “liquidated damages” in these cases, which are damages that are awarded for breaches of contracts.
In New Jersey, liquidated damages can be up to 200 percent of the wages owed to an employee. New York allows for liquidated damages to be no more than 100 percent of the wages owed, while Pennsylvania state law establishes that liquidated damages can be 25 percent of the unpaid wages or $500, whichever is greater.
Leave Law Resources in Pennsylvania, New Jersey, and New York
Wage FAQs | Pennsylvania Department of Labor & Industry (PA DLI) — The PA DLI provides employment and job training services, enforces various laws and safety standards in the workplace, and administers benefits to unemployed individuals. On this section of the PA DLI website, you can find answers to 20 frequently asked questions about wages and hours. Learn more about sick leave and FMLA applicability.
Worker’s Rights Frequently Asked Questions | New York State Attorney General — Find answers to frequently asked questions about leave on this section of the New York State Attorney General website. You can learn more about which workers are entitled to leave in New York. The website also touches on issues relating to maternity leave.
Find a Leave Laws Attorney in Philadelphia, PA, New Jersey and New York
Did your employer refuse to pay you while you were on leave in Pennsylvania, New Jersey, or New York? You will want to immediately contact Console Mattiacci Law, LLC.
Our employment lawyers in Philadelphia and New Jersey assist individuals in communities throughout Gloucester County, Montgomery County, Ocean County, Atlantic County, Bucks County, Burlington County, Camden County, Cape May County, Chester County, and Delaware County.
Call 215-545-7676 or fill out an online contact form to have our attorneys provide a complete evaluation of your case during a free, no-obligation consultation.