Legal Question in Medical Leave in New Jersey

Under the Family and Medical Leave Act, an eligible employee is entitled to take up to 12 weeks of unpaid leave for the birth or adoption of a child, to care for certain family members, or for the employees own serious health condition. The employee must have worked at least 1250 hours during the previous 12 months in order to qualify for FMLA leave. You state that you have been on FMLA leave from June, 2009 until June, 2010 but you do not state whether or not this was continuous leave or intermitent leave. However, it appears that, for one reason or another, you did not work 1250 hours during that calendar year, which is probably why your HR department has denied your latest request. I suggest that you ask them for an explanation and an audit of your working hours, to determine whether or not you have met the threshold number of working hours. If you still believe you are entitled to another leave, you should then talk with an attorney who will review your facts and advise you on your rights. For further information on FMLA, go to the US Department of Labor's web site, at http://www.dol.gov/dol/topic/benefits-leave/fmla.htm. Or, feel free to call me if you would like to set up an appointment for a consultation.