Family and Medical Leave Act (FMLA) Claims
According to the Family and Medical Leave Act of 1993 (FMLA), if employees
are eligible they may be entitled to have up to 12 weeks of unpaid and
protected leave throughout any 12-month period, so long as they have a
valid reason and the proper qualifications to do so.
Some of these reasons may include the following:
- The required care of an employee’s newborn child
- Receiving a foster child or adopting a child
- Caring for an immediate family member with a serious condition
- A serious medical condition that disables the employee to be
This act and its protections only apply to companies with a minimum of
50 employees. An employee must also work no more than 75 miles away from
their worksite and have already worked at least 12 months for their company
or employer. In addition, they are required to have worked a minimum of
1,250 hours prior to the date the official FMLA leave is requested for.
What happens to my job if I leave?
Under the protections of the act, employers must give employees the same
or an equivalent position when they return. This also includes the same
or similar pay, benefits, and responsibilities that they had prior to
leaving. If you believe that an employer has violated your rights under
the FMLA, you need to reach out to our firm for seasoned counsel during
this time. We can review your case and help you determine whether or not
you should take further legal action against your employer.
We are more than happy to discuss your concerns during a free consultation.
Contact us today to find out how our New York employment law attorneys can assist
with your case!