Imagine this: You take time off to care for a newborn in Brooklyn, recover from surgery in Manhattan, or help a sick parent in Westchester. You've followed every rule under the Family and Medical Leave Act (FMLA)—but when you return, the tone has shifted. You're excluded from leadership meetings. Your performance is suddenly under scrutiny. A promised promotion disappears without explanation.
If that sounds familiar, you're not imagining things. Retaliation for taking FMLA leave is a reality for many professionals in New York.
At Mizrahi Kroub LLP, we represent employees across industries—including finance, tech, healthcare, and education—who've been punished for doing exactly what the law allows: prioritizing their health and their families.
What FMLA Leave Covers and How New York Adds Protection
The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid, job-protected leave to:
- Recover from a serious health condition
- Care for a new child (birth, adoption, or foster care)
- Support a spouse, parent, or child with a serious medical issue
- Handle qualifying exigencies related to military service
To qualify, you must work for an eligible employer and have logged at least 1,250 hours over the past year.
In addition to federal FMLA protections, New York State law offers additional benefits through Paid Family Leave (PFL), giving many workers partially paid time off with similar job protections. But no matter which law you're using—retaliation is illegal.
What FMLA Retaliation Looks Like for High-Level Employees
Retaliation doesn't always look like a pink slip. For senior employees and managers, it's often more subtle and strategic. You might notice:
- A sudden drop in responsibilities or projects
- Being overlooked for advancement after returning from leave
- Negative performance reviews that don't match your record
- A shift in attitude from leadership or peers
- Being pushed out or offered an early exit package
If your employer is punishing you for legally protected leave, that's more than unfair—it's a violation of your rights.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
