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 from performing their job

In addition to these common scenarios, FMLA can also apply in certain military family situations, such as when a close relative in the Armed Forces has a qualifying exigency related to deployment. The law sets specific rules for how leave can be taken, including intermittent leave when medical appointments or flare-ups make a continuous block of time off impractical. Because the details of eligibility and notice can be complicated, many employees in New York choose to speak with a knowledgeable FMLA attorney New York workers can rely on before requesting leave or challenging a denial.

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.

Even when these basic thresholds are met, disagreements often arise about whether a medical condition is “serious,” whether enough notice was provided, or whether the employer has correctly designated the leave as FMLA. Employers may also request medical certifications or recertifications, and mishandling these forms can put an employee’s job at risk. Because New York employees may also have rights under state and city leave laws, it can be important to evaluate how all of these protections work together in a particular situation.

Need guidance from a New York employment lawyer? Get in touch with our New York Family Medical Leave Act attorneys today for your free consultation! Call (646) 490-0221 today.

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.

In practice, these protections can be violated in subtle ways, such as reducing key job duties, cutting hours, changing schedules to make the position less desirable, or pressuring the employee not to take the full amount of leave. Some New York employers may also retaliate by denying promotions, writing unfounded negative evaluations, or creating a hostile environment after an employee returns from protected leave. If you experience these kinds of changes after taking time off for your own health or a family member’s care, it may be worth speaking with a fmla lawyer New York employees can turn to for guidance about whether your rights have been violated.

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 advance notice 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.

Employers in New York are required to post notices about FMLA and explain how employees can request leave, but the internal procedures can vary from one workplace to another. Some companies require employees to contact human resources directly, while others have online portals or written forms that must be completed within certain timeframes. If you work in or around Manhattan, Queens, Brooklyn, the Bronx, or Staten Island and are unsure how to navigate both your employer’s policies and federal protections, speaking with legal counsel can help you avoid mistakes that could put your job or benefits at risk.

Common FMLA Violations in New York Workplaces

Many employees are unsure whether what they experienced actually counts as an FMLA violation, especially when an employer insists it is simply following company policy. In New York City and across the state, we frequently see patterns of conduct that undermine or discourage the use of protected leave. Understanding how these problems show up in real workplaces can help you decide whether to raise concerns internally, document what is happening, or speak with an attorney about your options.

One common issue is interference with the right to take leave, such as refusing to accept a proper medical certification, delaying approval without a valid reason, or insisting that an employee work from home when they should be fully off duty. Another frequent problem is retaliation after an employee returns, including changing shifts to less favorable hours, assigning less meaningful work, or excluding the employee from meetings and opportunities they previously had. In some cases, employers in New York have also miscounted absences, using time that should have been protected under FMLA as a basis for discipline or termination.

Some warning signs that may suggest an FMLA violation include:

• Negative comments about your need for leave or the impact on your team
• Sudden changes to your job duties, schedule, or location after returning
• Performance write-ups closely timed to your leave request or absence
• Pressure to resign or accept a demotion instead of taking protected time

If you notice these kinds of changes, it can be helpful to save emails, text messages, schedules, and performance reviews so there is a clear record of what has happened over time. In New York, FMLA disputes may be handled in federal court, such as the Southern District of New York or Eastern District of New York, or through negotiations before a lawsuit is filed. By acting promptly and getting advice early, you give yourself a better chance to protect your position, your income, and your long-term career.

FMLA Claim Attorneys in New York 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.

When we evaluate an FMLA matter, we look not only at the leave itself, but also at how your employer handled your return, any changes to your position, and whether you were treated differently from coworkers who did not take leave. We draw on decades of representing employees in New York City and throughout the state, and we are familiar with how judges and agencies in venues such as the Southern District of New York and the New York State Division of Human Rights approach leave and retaliation claims. By carefully gathering documents, communications, and witness accounts, we work with you to build a clear picture of what happened and to identify the legal options that may be available.