Overview

Eligible employees:

  • Must have worked for the employer for 1 year or more;
  • Must still work for the employer;
  • Must have worked 1,250 hours in the past 12 months; Must work at a location with 50+ employees within 75 miles; and
  • Must have qualifying reason for the leave.

Qualifying reasons for taking FMLA leave:

  • 12 weeks per year for
    • Care of a child after birth or adoption;
    • Treatment of own “serious health condition”;
    • Care of parent, child or spouse with a serious health condition;
    • Pregnancy, prenatal medical care or child birth; or
    • A “qualifying exigency” for a covered military member’s covered active duty status.
    • A “qualifying exigency” for a covered military member’s covered active duty status.
  • 26 weeks per year to care for a covered service member with a serious injury or illness.

Procedure for taking leave:

  • Notify employer 30 days before taking FMLA leave unless leave is unexpected.
  • Notify employer of status every 30 days after leave begins.
  • Notify supervisor of intent to return one (1) week prior to expected date of return.
  • Submit any requested medical certifications on time!
  • Take leave intermittently (broken up) or all at once.
  • Note that failure to provide medical certification (doctor notes, etc.) may result in denial of leave or other negative consequences.

Employer obligations:

  • Continue to provide health benefits during FMLA leave.
  • Not prevent an employee from taking lawful FMLA leave or fire him (retaliate) for taking leave.
  • Reinstate the employee to the same (or similar) position upon his return except in rare circumstances.

Potential damages available:

  • Backpay
  • Front pay
  • Attorney’s fees and costs
  • Injunctive relief including reinstatement
  • Liquidated damages

What Are My Rights Under The FMLA?

The Family and Medical Leave Act of 1993 (FMLA) is a federal law that provides eligible employees of a covered employer with unpaid leave for medical conditions and emergencies. At Fisher Taubenfeld LLP, our experienced attorneys can determine whether your employer engaged in any unlawful activity related to your request for an unpaid leave of absence under FMLA.

We have answers to many of the most frequent questions regarding FMLA claims. If you believe your employer has improperly denied a claim or retaliated against you because of one, we encourage you to speak with us. Call toll free 866-654-0343 to arrange a free, confidential phone consultation.

Manhattan Family And Medical Leave Act Lawyers | Explaining The Family And Medical Leave Act

Under FMLA, employees are provided a maximum of 12 weeks per year of unpaid leave for:

  • Care of a child after birth or adoption or after placement of a foster child
  • Incapacity due to pregnancy, prenatal medical care or child birth
  • Treatment of an employee's own "serious health condition" where the employee is unable to perform the essential functions of his or her job
  • Care of a parent, child or spouse with a serious health condition
  • Any "qualifying emergency" arising from an employee's parent, child or spouse being on active duty (or being notified of an impending call or order to active duty) in the armed forces, in support of a contingency operation

Additionally, a maximum of 26 weeks of unpaid leave are available to employees who are the spouse, son, daughter, parent or next of kin of service members in the armed forces who are undergoing medical treatment, recuperation or therapy as a result of a serious injury or illness.

Am I Eligible For FMLA Benefits?

In order to be eligible for FMLA benefits, employees must:

  • Have worked for the employer for a total of 12 months
  • Currently work for the employer
  • Have worked 1,250 hours over the previous 12 months
  • Work at a location where at least 50 employees are employed by the employer within 75 miles

Contact Fisher Taubenfeld LLP

We offer a free and confidential phone consultation in which you can discuss your FMLA benefits. Send an email or call 646-741-3490, toll free 866-654-0343, to speak with an experienced New York FMLA leave lawyer.