Man claims FMLA violation after being fired for requesting leave

Soon after the birth of a child, parents want to have the time to bond with their new baby. Of course, parents often still have obligations they need to attend to, and as much as they would like, they may not have the ability to give every minute of their day to the child. However, under the Family and Medical Leave Act, parents could take time off of work in order to bond with their child. Unfortunately, some employers may not adhere to the FMLA.

New York readers may be interested in a lawsuit that was recently filed out of state. Reports indicated that a registered nurse claims that he was discriminated against and wrongfully terminated from his job after requesting leave under the FMLA. The man was hired by the hospital in 2015, and in 2018, he welcomed a child.

The man requested leave in order to spend time with the baby, but he was apparently not granted that leave. He believes that he was retaliated against for requesting leave, which resulted in his job loss. He also claims that he suffered humiliation, emotional distress, loss of compensation and other damages. He hopes that a successful case will allow him to obtain compensation.

The FMLA is often vital to workers who need extended time off work. Though only certain situations qualify under this act, employers have an obligation to adhere to its terms if a worker requests qualified leave. If New York workers believe that their rights to leave were violated by their employers under either the state federal or state statutes, they may wish to look into their legal options for seeking restitution.

super lawyers
New York County Lawyers Association
NYSBA
New York City Bar
NELA Advocates for Employee Rights National Employment Lawyers Association
lead counsel lc verified