The Family and Medical Leave Act affords employees job protection when forced to miss work due to a serious medical condition or the serious medical condition of a family member. The FMLA also protects women who take leave to recover and bond with their infants after childbirth. Parents who adopt a child are also eligible for FMLA leave.
The FMLA is a complex law with numerous requirements for both employers and employees. If you have questions regarding your rights and obligations under the FMLA, the law firm of Katz Melinger PLLC can help. We represent employees and employers with FMLA issues throughout New York City, Nassau County, Suffolk County, Westchester County and its surrounding areas, as well as northern New Jersey.
Employees Have Legal Protections
The FMLA is a federal law that provides employees up to 12 weeks of unpaid leave if their employer has 50 or more employees. You do not have to take your leave all at one time. Under the FMLA, employers are prohibited from terminating you, demoting you or substantially reducing your pay because of leave you took that qualifies under the law.
Your employer cannot interfere with you taking leave allowed under the FMLA. In other words, an employer cannot pressure you, either directly or indirectly, to not take leave, nor can your employer retaliate in any way against you for taking FMLA leave.
Common FMLA Violations
Employers may themselves not be aware of their legal obligations to employees under the FMLA.
The following common actions may give rise to a legal claim for an FMLA violation:
- Reinstating an employee to a lesser position than he or she held before leave or a position that pays substantially less or provides fewer benefits
- Failing to notify an employee correctly of his or her rights
- Failing to continue health care coverage during an employee’s leave
- Requiring an employee to provide too much notice or information regarding intended leave or the reason for the leave
- Taking adverse employment action against an employee for taking FMLA leave, including disciplinary action, negative performance reviews based solely on leave or other actions
Legal Guidance For Employers
Businesses throughout New York City trust Katz Melinger PLLC with advisory and auditing services related to FMLA leave and policies. Employers who wish to limit liability risk should contact us for an exploratory consultation regarding our legal services. We provide both comprehensive review and drafting services to ensure that employers fully comply with FMLA requirements.
Speak To One Of Our Knowledgeable Attorneys
Our experienced lawyers can help you understand your rights and benefits under this complex federal law. If your employer has not allowed you to take FMLA leave, pressured you into reducing your leave or taken disciplinary action against you after your return to work, we can help. We can provide you with legal options after clearly and honestly explaining your rights and potential consequences of the choices before you.