Balancing work and personal life can be challenging, especially when dealing with a serious medical condition or the need to care for a loved one. Fortunately, the Family and Medical Leave Act (FMLA) provides crucial protections for employees facing such situations. Understanding your rights under FMLA is essential to ensuring job security while taking necessary time off.
At Gordon & Gordon, our team of experienced employment lawyers is committed to helping employees navigate workplace rights, including those related to medical leave. If you believe your employer has violated your FMLA rights, our New York employment attorneys are here to help.
What Is FMLA?
The Family and Medical Leave Act (FMLA) is a federal law enacted in 1993 that grants eligible employees up to 12 weeks of unpaid, job-protected leave within a 12-month period for qualifying medical and family-related reasons. The goal of the law is to provide employees with the ability to address personal and family health concerns without fear of losing their jobs.
Qualifying Reasons for FMLA Leave:
- Personal Health Issues: Employees suffering from a serious health condition that prevents them from performing their job duties.
- Caring for a Family Member: Employees needing to care for a spouse, child, or parent with a serious health condition.
- Childbirth and Adoption: Parents can take leave for the birth, adoption, or foster care placement of a child.
- Military-Related Leave: Employees can take FMLA leave for military family needs, such as caring for a service member or handling responsibilities due to a loved one’s active-duty deployment.
Who Is Eligible for FMLA Leave?
Not all employees automatically qualify for FMLA leave. The law outlines specific requirements:
Employer Requirements
Your employer must meet one of the following conditions:
- A private-sector company with 50 or more employees within a 75-mile radius.
- A public agency, including federal, state, and local government entities.
- An elementary or secondary school, regardless of size.
Employee Requirements
The following requirements must be met to qualify for FMLA leave:
- Been employed with the employer for a minimum of 12 months (doesn’t have to be consecutive).
- Have worked 1,250 hours or more during the previous 12 months.
- Work at a location where the employer has 50 or more employees within a 75-mile radius.
If you’re unsure whether you qualify for FMLA leave, consulting an employment attorney in New York can provide clarity on your eligibility and options.
What Benefits Does FMLA Provide?
Employees who qualify for FMLA leave receive the following protections:
- Up to 12 weeks of unpaid leave: Employees can take time off without the risk of job loss.
- Continuation of health benefits: Employers must maintain group health insurance coverage under the same terms as if the employee were actively working.
- Job protection: Employees are entitled to return to the same or an equivalent position with similar pay, benefits, and working conditions.
- Protection from retaliation: Employers cannot fire, demote, or otherwise retaliate against employees for taking FMLA leave.
Common Violations of FMLA Rights
Despite the legal protections in place, many employers still fail to comply with FMLA regulations. Common violations include:
- Denying leave to eligible employees.
- Failing to reinstate employees to their original or equivalent job.
- Retaliating against employees who take FMLA leave, such as by firing, demoting, or cutting their hours.
- Interfering with FMLA rights, such as discouraging employees from taking leave or failing to inform them of their rights.
If you experience any of these violations, you may have legal grounds to take action. A discrimination lawyer or employment attorney can help you fight for your rights.
What to Do If Your FMLA Rights Are Violated
If you suspect that your employer has violated your FMLA rights, take the following steps:
- Document Everything: Keep records of leave requests, medical documentation, emails, and conversations with your employer.
- File a Complaint with HR: Notify your company’s human resources department in writing about the issue.
- Seek Legal Advice: Contact an employment lawyer to assess your case and determine your best course of action.
- File a Complaint with the U.S. Department of Labor: If necessary, you can file an official complaint with the Wage and Hour Division (WHD).
- Consider Legal Action: If your employer refuses to resolve the issue, a New York employment attorney can help you file a lawsuit to seek damages and reinstatement.
How a Lawyer Can Help with FMLA Issues
Navigating an FMLA dispute can be overwhelming, especially when dealing with a serious medical issue. A qualified employment attorney in New York can help by:
- Assessing your case to determine if an FMLA violation has occurred.
- Filing a complaint with the Department of Labor or representing you in court.
- Negotiating with your employer to secure your job reinstatement or financial compensation.
- Protecting you from retaliation and ensuring compliance with federal and state leave laws.
At Gordon & Gordon, our team of discrimination lawyers and employment attorneys has extensive experience handling FMLA-related cases. We are dedicated to protecting the rights of employees facing unfair treatment at work.
The Family and Medical Leave Act is a vital law that protects employees from having to choose between their health and their job. However, FMLA violations are common, and employees often need legal assistance to enforce their rights.
If you believe your employer has denied your rightful leave, retaliated against you, or violated FMLA regulations in any way, Gordon & Gordon is here to help. Our experienced New York employment attorneys are ready to fight for your rights and ensure that you receive the protections you deserve.
Contact us today for a consultation to discuss your case and explore your legal options. Your job and well-being should never be at risk for prioritizing your health and family.