Family & Medical Leave Act (FMLA) Claims

New York Attorney for the Family & Medical Leave Act (FMLA) Claims

Over 100 Years of Collective Experience Fighting for New York Employees

The Family and Medical Leave Act of 1993 (FMLA) protects employees who need time away from work for qualifying family and medical reasons. The law requires covered employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave per 12-month period.

Qualifying reasons for FMLA leave include:

Caring for a newborn, newly adopted, or newly placed foster child
Caring for an immediate family member with a serious health condition
A serious medical condition that prevents the employee from performing their job
A qualifying military exigency when a close relative in the Armed Forces is deployed

The law also permits intermittent leave when medical appointments or condition flare-ups make a continuous block of time off impractical. Because eligibility rules and notice requirements are easy to misread, many New York employees speak with an FMLA attorney before requesting leave or challenging a denial.

FMLA Employee & Employer Requirements

FMLA applies only to employers with at least 50 employees. To be eligible, an employee must work at a location where the employer has at least 50 employees within 75 miles, must have worked for that employer for at least 12 months, and must have logged at least 1,250 hours in the 12 months before the leave begins.

Even when those thresholds are met, disputes arise over whether a condition qualifies as “serious,” whether adequate notice was given, or whether the employer correctly designated the absence as FMLA leave. Employers may request medical certifications or recertifications, and errors in handling those forms can put an employee’s job at risk. New York employees may also have rights under state and city leave laws, making it important to evaluate how all of these protections work together.

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.

Protected Employee Rights While on FMLA

Taking FMLA leave doesn’t mean giving up your health coverage or your position. Federal law protects both while you’re out, and employers who fall short of those obligations may be violating your rights.

Health Insurance During Leave

You’re entitled to continue participating in your employer-sponsored health insurance plan during FMLA leave. Your benefits, status, and terms of employment must remain the same as before you left.

Job Restoration After Leave

Under the U.S. Department of Labor’s regulations, your employer must restore you to the same position when you return, or to one that is virtually identical in pay, benefits, duties, schedule, and other terms of employment.

An employer can’t interfere with, restrain, or deny an employee’s FMLA rights, and can’t discharge or discriminate against an employee for exercising them. In practice, violations often take subtle forms: reducing key job duties, cutting hours, shifting schedules to less desirable slots, or pressuring an employee not to take the full leave. Some New York employers retaliate by denying promotions, issuing unfounded negative evaluations, or creating a hostile environment after a protected absence. If you’ve experienced these kinds of changes after taking time off for your own health or a family member’s care, it’s worth speaking with an FMLA lawyer in New York that employees can turn to for guidance on whether your rights have been violated.

How FMLA Leave Works in Practice

For planned absences, employees should give at least 30 days’ notice; for unplanned leave, as much notice as practicable. Leave can be taken in a single continuous block or in smaller increments if medically necessary. Employees can use accrued paid sick or vacation time concurrently with FMLA leave.

New York employers must post notices about FMLA and explain how to request leave, but internal procedures vary. Some companies require direct contact with HR; others use online portals or written forms with specific deadlines. If you work in or around Manhattan, Queens, Brooklyn, the Bronx, or Staten Island and aren’t sure how to navigate your employer’s policies alongside federal protections, getting legal advice early can help you avoid mistakes that put your job or benefits at risk.

Common FMLA Violations in New York Workplaces

Many employees aren’t sure whether what they experienced actually constitutes an FMLA violation, especially when an employer insists it’s simply following company policy. We frequently see patterns of conduct in New York City workplaces that undermine or discourage protected leave. Knowing how these problems appear in practice can help you decide whether to document what’s happening, raise concerns internally, or speak with an attorney.

Interference & Retaliation Patterns

Interference violations include refusing to accept a proper medical certification, delaying approval without a valid reason, or requiring an employee to work remotely during approved leave when they should be fully off duty. Retaliation violations include shifting to less favorable hours, assigning less meaningful work, excluding employees from meetings and opportunities they previously had, and miscounting FMLA-protected absences as grounds for discipline or termination.

Warning Signs to Watch For

Signs that may suggest an FMLA violation include:

Negative comments about your need for leave or its impact on the 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 changes, preserve emails, text messages, schedules, and performance reviews to build a clear record of what happened and when.

FMLA Claim Attorneys in New York at Schwartz Perry & Heller LLP

If you believe your FMLA rights were violated, reach out to our firm. With over 100 years of collective experience, our attorneys are dedicated advocates for employees, and we have a strong track record of success representing New York workers in leave and retaliation claims.

When we evaluate an FMLA matter, we look beyond the leave itself. We examine how your employer handled your return, any changes to your position, and whether you were treated differently from coworkers who didn’t take leave. We’re 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 these claims, and we work with you to gather the documents, communications, and witness accounts needed to build a clear picture of what happened.

Call our office today at (646) 490-0221 or contact us online to schedule a consultation with our New York City FMLA lawyers.

FMLA Interference & Retaliation: Two Distinct Legal Theories

The FMLA recognizes two separate legal theories. An interference claim arises when an employer denies, delays, or otherwise hinders an employee’s right to take protected leave. A retaliation claim applies when an employer takes adverse action because the employee exercised FMLA rights. The distinction matters practically: interference doesn’t require proof of the employer’s motive, while retaliation requires showing a causal connection between the leave and the adverse action taken against you.

Whether one theory applies, the other, or both shapes how a case is built and what evidence matters most. An FMLA attorney in New York can help you assess which claims are supported by what happened in your workplace.

Remedies Available Under the FMLA

Employees who prevail on an FMLA claim may be entitled to several forms of relief. Back pay covers wages and benefits lost from the date of the violation. Courts may also award front pay for future lost earnings where reinstatement isn’t a practical remedy, or may order the employer to restore the employee to their former role when reinstatement is appropriate.

The FMLA also provides for liquidated damages equal to the amount of back pay and benefits awarded. Attorney fees and litigation costs are recoverable if the employee prevails. FMLA claims may be filed directly in federal court or through the U.S. Department of Labor’s Wage and Hour Division; no EEOC filing is required before pursuing a lawsuit.

Statute of Limitations for FMLA Claims

New York employees generally have two years from the date of a violation to file a civil action under the FMLA. If the employer’s violation was willful, that window extends to three years under 29 U.S.C. § 2617. Evidence fades and witness recollections become harder to establish over time, so consulting with an FMLA lawyer in New York as early as possible can help protect your ability to pursue a claim.

New York Paid Family Leave & Federal FMLA: How They Interact

New York State Paid Family Leave (NYPFL) provides a separate layer of protection that may supplement or extend your rights under federal FMLA. While FMLA provides up to 12 weeks of unpaid, job-protected leave, NYPFL offers up to 12 weeks of job-protected leave that is partially paid. Employees receive 67% of their average weekly wage.

Key Differences Between FMLA and NYPFL

The two laws differ in important ways. FMLA can be used for an employee’s own serious health condition; NYPFL can’t. NYPFL defines “family member” more broadly than the federal law, extending coverage to domestic partners, grandparents, grandchildren, and siblings in addition to spouses, children, and parents. NYPFL also applies regardless of employer size, so employees of smaller New York employers who don’t meet FMLA’s 50-employee threshold may still have state leave rights.

How the Two Laws Work Together

When the qualifying reason applies to both laws, FMLA and NYPFL can run concurrently, which affects the total duration of protected leave available to you. Both laws prohibit retaliation and protect job and health insurance continuation during leave. Understanding how federal FMLA, NYPFL, and any applicable New York City leave ordinances interact is one of the first things we assess when a New York employee comes to us with a leave-related concern. Knowing the full scope of your protections is essential before deciding how to proceed.

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