Family and Medical Leave Act (FMLA) Claims

  • Over 100 Years of Experience

    Our dedicated attorneys have a reputation for success.

    Meet Our Team
  • Our Awards Set Us Apart

    Learn about our distinguishing awards & how this benefits you.

    What It Means For You
  • Client Testimonials

    Many satisfied clients have used Schwartz & Perry over the years.

    What They Have to Say
  • Request Your Consultation

    Contact our firm today to learn how we can help you.

    Get Started Now

Family and Medical Leave Act (FMLA) Claims

Under the Family and Medical Leave Act of 1993 (FMLA), qualified employees are entitled to take up to 12 weeks of unpaid, job-protected leave during any 12-month period for one or more of the following qualifying reasons:

  • The birth and care of a newborn child of the employee
  • Placement with the employee of a child for foster care or adoption
  • The care of an immediate family member, such as a spouse, child or parent, who has a serious health condition
  • The employee is unable to perform the essential function of his or her function because of a serious health condition

FMLA applies to employers with at least 50 employees. To be eligible for FMLA leave, an employee must:

  • Work at a worksite within 75 miles of employer
  • Have worked at least a total of 12 months for the employer
  • Have worked at least 1,250 hours during the 12 months immediately before the date FMLA leave begins

The FMLA requires employers to restore employees who return from FMLA leave to the same or equivalent position with pay, benefits and responsibilities similar to the level that existed when leave began.

If you are having issues with your employer regarding violations of FMLA rights, you might want to consider contacting an attorney to assist and to guide you through the appropriate steps to determine what your rights are. We will be pleased to discuss your concerns with you in an initial interview that will be of no charge to you. At that time, we will determine whether we believe we can help you and you will have the chance to decide whether you wish to invite us to do so.

Contact Us

Schwartz & Perry LLP
New York Employment Law Attorney
Located at: 295 Madison Avenue,
26th Floor,

New York, NY 10017
View Map
Phone: (888) 905-4091
Local Phone: (212) 889-6565
© 2015 All Rights Reserved.


The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.