New York Attorney for Family and Medical Leave Act (FMLA) Claims
What is FMLA?
The Family and Medical Leave Act of 1993 (FMLA) was designed to protect employees when they need to take a leave of absence from work for specific family and medical issues. The law requires employers to provide their employees with access to FMLA protections for reasonable unpaid absences.
Eligible employees may qualify for up to 12 weeks of unpaid and protected leave throughout any 12-month period. To qualify, employees must present a valid reason and any additional employer required qualifications.
Examples of qualifying reasons for FMLA:
- 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
FMLA Employee and Employer Requirements
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 requested in the official FMLA leave order.
Protected Employee Rights While on FMLA
Will My Health Insurance be Impacted If I Take a Medical Leave?
When requesting FMLA leave, you are entitled to continue participation in your employer health insurance program.
What Will My Job Look Like After a Medical Leave?
When returning from FMLA leave, your employer has the options of:
- Returning you to your job
- Placing you in a similar role
- Transferring you to a new but equivalent position
Your benefits, status, and terms of employment should remain the same regardless of your new role. An employer is not allowed to restrict or interfere with an employee’s access to FMLA rights. An employer cannot discriminate or discharge any employee for refusing unlawful practices or requests in violation of FMLA policy.
How Does the FMLA Work?
When an employee has a serious medical or familial responsibility requiring leave from work, FMLA provides important protections to prevent employees from needing to sacrifice their family or health to protect their employment status. Employees must provide their employer with as much advanced notices as possible.
For planned absences, employees should try to give their employer a 30-day notice. FMLA can be taken in a single request of blocked time or in smaller, multiple requests if medically necessary. Employees with sick leave or another type of paid time off can use FMLA in conjunction with their paid leave.
FMLA Claim Attorneys at Schwartz Perry & Heller
If you believe that an employer violated your FMLA protected rights, you need to reach out to our firm for seasoned counsel right away. Our attorneys have experience in employment law, and the attorneys at our firm are dedicated advocates for employees.
Our team can review your case and help determine whether further legal action should be taken against your employer. With over 100 years of collective experience, you can trust our attorneys with your New York FMLA claim case. We have a strong track record of success, and our attorneys are known for our personalized and compassionate service to our clients. We are more than happy to discuss your concerns when you are ready.
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