Eisenberg & Baum, LLP

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Eisenberg & Baum, LLP
212-353-8700
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New York City Family And Medical Leave Act Lawyers

The Family and Medical Leave Act allows people to take time off of work after the birth of a child or to heal from a serious medical condition. Companies, however, aren’t always sympathetic to people taking time off to address personal concerns.

At , we take on the FMLA and discrimination problems facing people in New York City. We’re aggressive because you shouldn’t have to choose between your work and your family, and it’s unfair when companies try to force that on you. We’re on your side when you need us and will take care of your case as much as necessary.

What Is The Family And Medical Leave Act?

We mentioned above what the FMLA does, but let’s look at it in a bit more detail. The FMLA is a federal law that provides up to 12 weeks of unpaid leave for new parents, people healing from an injury or illness, and those taking care of a family member. However, New York also has a number of laws that additionally support employees, including New Your Paid Family Leave, which provides pay for that time.

What Rights Do Employees Have Under FMLA?

Obviously, as we’ve covered above, the first right is time off work for 12 weeks. However, you are also protected from removal or retaliation for exercising your rights to FMLA. If you are on an approved FMLA leave, it cannot be used as a contributing factor in any performance review or removal.

Common Examples Of FMLA Violations

FMLA is a major win for employees who need the time off from work. It’s one of the primary rights that workers in the US have. Still, people face many types of violations including:

  • Failure to provide notice: Employers must inform their employees of FMLA leave eligibility and responsibilities.
  • Denial of leave: Employers cannot deny leave if the employee qualifies, without a reason such as significant hardship or inability to find a replacement.
  • Retaliation: Employers cannot demote, terminate or otherwise take negative action against you.
  • Failure to restore position: Your position cannot be summarily removed while you are on FMLA leave, without having an equivalent position available when you return.
  • Misclassification of eligibility: Incorrectly classifying employees as ineligible for FMLA leave when they meet the requirements.
  • Failure to maintain benefits: Not continuing health insurance benefits under the same terms during an employee’s FMLA leave.

FMLA is your right as an employee. You should be able to exercise it freely and without worry.

Get A Free Consultation From Us About Your Case

If you’ve had problems with exercising your Family and Medical Leave Act in Manhattan, call one of our attorneys. We’re dedicated, aggressive and ready to go as far as needed to secure your compensation. Call or send an email to get started.