Terminated while on Maternity Leave...Legal?

[WhoKnows234]

What is the name of your state (only U.S. law)? NJ

Here is my story: I was taken out of work by my OB on Jan 20, 2009 due to sciatic problems from the long hours of work (3 days/wk, approx 15 hours a day). On April 1, 2009 I gave birth to my daughter. On April 27, 2009 I called me employer to let them know that I would be able to return to work on June 8, 2009. I was told that there was no position for me. Is this legal? FMLA and NJFLA were not used consecutively. Am I entitled to 12 weeks under FMLA and then another 12 weeks under NJFLA? My job was aware that I would not be returning to work until at least May 31, 2009. If someone could help me, I would greatly appreciated.

If I can add: My employer in the mean time hired her son in law, that moved here from Florida, for a year because he couldnt find a job down there. She knows hes going back in a year and he had no prior experience.

 

[ecmst12]

Does the NJ FLA specifically state that it does NOT run concurrently with federal FMLA? Because if it does not, they would run concurrent, you would NOT be entitled to 6 months of leave.

 

[WhoKnows234]

How does the NJFLA relate to the federal Family and Medical Leave Act?

Like the NJFLA, federal Family and Medical Leave Act (FMLA) also provides time off from work in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse. When an employee takes a leave for a purpose covered by both the FMLA and the NJFLA, the leave simultaneously counts against the employee's entitlement under both laws.

The FMLA provides time off from work due to an employee's own disability, while the NJFLA does not provide covered employees with leave for their own disabilities. Thus, even though an employee may utilize all of his or her allotted time under the federal FMLA due to his or her disability, the employee may subsequently be entitled to time off under the NJFLA in connection with the birth or adoption of a child or the serious illness of a parent, child or spouse.

The FMLA provides up to twelve weeks in a 12-month period, rather than a 24-month period as provided in the NJFLA.

 

[ecmst12]

The first paragraph you posted completely contradicts the second. You should call the NJ DOL and ask them about your specific situation.

 

[WhoKnows234]

Thats what the NJ Dept of Civil Rights website posts. Thats why I am confused. I dont know if MY disability prior to the birth of my daughter is covered under FMLA and than my caring for her 8 weeks post op (c-section) is covered under NJFLA. I have called all depts and left messages. So far no phone calls back. I have also written emails to where I could (i.e. Office of Civil Rights.)