South Jersey Retailer To Pay $113K Settlement For Firing New Mom On Leave: AG

VINELAND, NJ — A retailer agreed to pay a six-figure settlement after firing a mother who requested family leave to bond with her newborn, state officials announced Monday.

Gabriel Brothers, Inc. terminated the customer-experience ambassador from its Gabe's store in Vineland in August 2019, according to the New Jersey Office of the Attorney General. The company agreed to a settlement of $113,500, which includes $66,000 for the worker.

The employee had been on maternity leave following the birth of her child, which she was entitled to under the federal Family and Medical Leave Act (FMLA). Once the federally protected leave expired, she requested an additional six weeks of bonding time with her newborn — a right protected under state family-leave law — the AG's office said.

Toward the end of those six weeks, the complainant visited the store to learn her upcoming schedule. She learned that Gabe's fired her the month prior, purportedly for failing to communicate with Gabriel Brothers about her return to work, authorities said.

The New Jersey Family Leave Act (NJFLA) allows certain employees to take up to 12 weeks of job-protected leave during any two-year period to care for or bond with a newborn child. The law applies to those who have worked at least 1,000 hours in the past year for state- or local-government agencies or an employer with 30 or more workers worldwide.

Under the settlement, Gabriel Brothers agreed to ensure it follows the NJFLA, which also applies to other circumstances such as employees taking leave to care for a family member with a serious health condition. The company's settlement includes $44,000 in attorney's fees and $3,500 to the state Division of Civil Rights, which is part of the AG's office.

The company also agreed to hold trainings on its NJFLA policy for all workers involved in processing leave requests.