Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Recent NJ Employment Decision Highlights Common FMLA Pitfalls

Author: Scarinci Hollenbeck, LLC

Date: February 27, 2013

Key Contacts

Back

A recently decided New Jersey employment decision highlights several common pitfalls posed by an employee’s pregnancy rights under applicable laws.

It specifically addresses an employers’ obligation to provide individualized notice of Family Medical Leave Act (FMLA) rights when an employee requests leave or the employer learns that an employee’s leave may be for an FMLA-qualifying reason.

New York Issues Guidance For Tax Treatment of Paid Family Leave Programs
Photo courtesy of Stocksnap.io

In Young v. The Wackenhut Corporation, U.S. Dist. Ct. (Cavanaugh, U.S.D.J.), plaintiff Jacqueline Young alleged that her employer, The Wackenhut Corporation (TWC), interfered with her rights under the FMLA relating to the birth and subsequent care of her child. Although Young spoke with two members of the human resources staff before and during her planned leave, the employer failed to classify her leave as FMLA leave.

Young contended that her employer’s failure to provide proper notice and to classify her leave as FMLA leave prohibited her from making informed decisions about structuring her leave.  She further alleged that her subsequent termination for failing to return to work at the expiration of her leave further violated her FMLA rights.

In its defense, TWC maintained that it did provide notice through its summary of rights in an employee manual as well as a poster notifying employees of their FMLA rights. It further disagreed that it had denied Young any rights under the FMLA to which she was entitled.

The Court found in favor of the plaintiff because TWC failed to advise her of FMLA rights after it knew she would be taking pregnancy leave. To establish an unlawful interference of FMLA rights, the plaintiff must merely show “impairment of her rights and resulting prejudice.”

Federal law requires that employers provide a written notice designating whether a leave will be treated as FMLA leave and detailing specific expectations and obligations for the employee. The employer may use the “Employer Response to Employee Request for Family or Medical Leave” (optional form WH-381) to meet this requirement. This employer notice should be provided to the employee within one or two business days after receiving the employee’s notice of need for leave and include the following:

  • that the leave will be counted against the employee’s annual FMLA leave entitlement;
  • whether there are any requirements for the employee to furnish medical certification and the consequences of failing to do so;
  • the employee’s right to elect to use accrued paid leave for unpaid FMLA leave and whether the employer will require the use of paid leave, and the conditions related to using paid leave;
  • any requirement for the employee to make co-premium payments for maintaining group health insurance and the arrangement for making such payments;
  • any requirement to present a fitness-for-duty certification before being restored to his/her job;
  • rights to job restoration upon return from leave;
  • employee’s potential liability for reimbursement of health insurance premiums paid by the employer during the leave if the employee fails to return to work after taking FMLA leave; and
  • whether the employee qualifies as a “key” employee and the circumstances under which the employee may not be restored to his or her job following leave.

In this case, the court found that “[i]ndividual notice requires much more than what TWC provided to the Plaintiff.” It noted that TWC failed to provide an eligibility notice, a “rights and responsibilities notice,” or a designation notice, as required under the FMLA.  In addition, the human resources staff failed to inform Young of her calculated return to work date or the need to provide a doctor’s note prior to returning.

Provided that the law applies to the employer (it must have 50 or more employees) and that the employee has the requisite amount of service (must have worked 1,250 hours during the 12 months prior to the start of leave), the FMLA offers a pregnant employee up to 12 workweeks of unpaid, job-protected leave in a 12 month period for the birth of a son or daughter, and to bond with the newborn child.  This leave entitlement carries with it two important rights: the right to continue group health coverage during the leave period AND the right to return to the employee’s employment position provided she returns promptly at the end of the leave period.

The court concluded that Young suffered unlawful prejudice because she was not afforded the opportunity to make informed decisions about her leave.  As emphasized by the court, TWC’s failure to provide individualized notice, coupled with TWC’ s failure to responsively answer Young’s questions about her rights and responsibilities, prevented her from ascertaining her return to work date.  “Had she been properly advised of her leave time, Plaintiff could have structured her leave time different,” the court concluded.

As this case highlights, employers must be sure to comply with the letter of the law when it comes to the FMLA.  Once an employee requests FMLA leave or the employer acquires knowledge that an employee’s leave may be for an FMLA-qualifying reason, individualized notice and proper designation of FMLA leave is required. Thus, employers should make sure that members of their human resources and management staff are properly trained about their responsibilities under the law.

Please note that this case only deals with federal law implications.  There are important state law considerations to be considered whenever an employment issue is considered.  Employers must comply with all applicable laws.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs post image

Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]

Author: Marc J. Comer

Link to post with title - "Guardianships in New Jersey: When a Loved One Can No Longer Manage Personal or Financial Affairs"
New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments post image

New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]

Author: Wendy Rubinstein Quiroga

Link to post with title - "New Jersey’s Revised UHAC Regulations: What Residential Developers Need to Know About Affordable Housing Commitments"
“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy post image

“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]

Author: Sean M. Pena

Link to post with title - "“No Comment” Culture: Why Silence Is Often the Riskiest Legal Strategy"
Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders post image

Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]

Author: Nicholas Wall

Link to post with title - "Utility-Scale Battery Storage Projects: A Legal Roadmap for Developers, Property Owners and Other Stakeholders"
Navigating Disputes: Hire a Partnership Dispute Lawyer post image

Navigating Disputes: Hire a Partnership Dispute Lawyer

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]

Author: Jay McDaniel

Link to post with title - "Navigating Disputes: Hire a Partnership Dispute Lawyer"
Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know post image

Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]

Author: John D. Giampolo

Link to post with title - "Section 363 Sales in Bankruptcy: What Businesses, Lenders, and Buyers Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!