Balancing work and family responsibilities can be challenging, especially when facing serious health issues or family obligations. What happens if you need time off to care for a sick loved one or recover from a medical condition? Can your employer deny your leave or retaliate against you for taking time off?
The Family and Medical Leave Act (FMLA) provides eligible employees in New York with job-protected leave for specific medical and family-related reasons. Yet, many employees face resistance from their employers when requesting FMLA leave or experience wrongful termination after returning to work.
At Mizrahi Kroub LLP, we have over 50 years of collective experience in employment law and have successfully helped hundreds of workers protect their rights. Our New York FMLA lawyers are dedicated to ensuring you receive the leave and protections you are entitled to under the law.
What is the Family and Medical Leave Act (FMLA) in New York?
The FMLA is a federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying reasons. In New York, FMLA benefits allow employees to take necessary time off without fear of losing their jobs or facing employer retaliation. Qualifying reasons for FMLA leave include:
- Caring for a newborn, adopted, or foster child
- Recovering from a serious health condition that prevents you from working
- Caring for a spouse, child, or parent with a serious medical condition
- Addressing urgent matters related to a family member's military service
FMLA protections ensure that when you return from leave, your employer must restore you to the same or an equivalent position with the same pay and benefits.
Who is Eligible for FMLA Benefits in New York?
To qualify for FMLA leave in New York, employees must meet the following criteria:
- Must have worked for their employer for at least 12 months
- Must have completed at least 1,250 hours of service in the past year
- Must work for an employer with 50 or more employees within a 75-mile radius
If you meet these requirements and your employer has denied your request for leave, a New York FMLA lawyer can help you assert your rights.
How a New York FMLA Lawyer Can Help
Even though the FMLA is designed to protect employees, some employers still try to deny, delay, or retaliate against workers who request leave. If your employer has:
- Refused your leave request despite meeting eligibility requirements
- Threatened your job for taking FMLA leave
- Failed to reinstate you to your previous role after returning
- Retaliated against you through demotions, pay cuts, or wrongful termination
You may have grounds for legal action. At Mizrahi Kroub LLP, our New York FMLA lawyers have extensive experience handling employment disputes and can fight to protect your job, financial stability, and workplace 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.
