Family and Medical Leave Act (FMLA) Claims
Guidance from Our New York Employment Lawyer
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.
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