Protecting Your Job and Your Rights | FMLA Violation Lawyers in Queens
If you have a serious medical condition and need to take leave from work, or if you have a family member with a serious medical condition for whom you need to provide care, you may be eligible for job-protected leave through the federal Family and Medical Leave Act. While this law does not provide for paid leave, it does ensure that your employer cannot terminate you or take away your benefits because you take federally protected leave. The Family and Medical Leave Act is a federal law that allows you to take time off of work to recover from an illness or to care for a family member. If your employer refused to allow you to take time off, or retaliated against you for taking time off, Ricotta and Marks’ FMLA violation lawyers in Queens and Long Island can help.
Federal law allows certain employees to take up to 12 weeks of unpaid leave. In addition, New York laws require employers to make reasonable accommodations. For example, if you are caring for a parent who is being moved to a nursing home and have used your 12 weeks, an additional two weeks could be considered a reasonable accommodation under New York law.
If you were terminated from your position after taking FMLA leave, or if you faced retaliation from your employer, you may be eligible to file a lawsuit; you should speak with our FMLA violation lawyers in Queens as soon as possible so that we can evaluate your case and discuss moving forward with a lawsuit.
What is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act is a federal law that allows covered employees who are eligible for protection to take up to 12 workweeks of unpaid leave during a 12-month period for family and medical reasons. When an employee takes FMLA leave, the employee’s job must be protected, which means that the employer cannot give someone else that job and refuse to bring back the employee after the FMLA leave is over. Further, employees who take FMLA leave are entitled to retain certain workplace benefits, such as group health insurance coverage, as if that employee had not taken leave.
When an employee is eligible for FMLA leave, that employee can take up to 12 weeks of unpaid, job-protected leave for any of the following:
- Birth of a child and to care for the newborn within one year of the date of the newborn’s birth;
- Placement of a child for adoption or foster care with the employee, to provide care for the newly placed child within one year of the child’s placement;
- Employee’s spouse, child, or parent has a serious health condition, and the employee needs to take leave to provide care for that family member; or
- Employee has a serious health condition that makes that employee unable to perform his or her job.
The FMLA also allows an employee to take leave for “any qualifying exigency” related to a close family member who is a member of the military and is on “covered active duty.” In some cases, an employee may be eligible for an extended period of leave to care for a family service member with a serious medical condition.
Who is Covered by the FMLA?
To be eligible for FMLA, the following must be true:
- Employee must have worked for the employer for at least 12 months
- Employee must have worked at least 1,250 hours during the year prior to taking FMLA leave; and
- Employee must work for an employer that has at least 50 employees working within a 75-mile radius of the workplace.
Family and Medical Leave Act Violation Lawyers in Queens
The law prohibits employers from retaliating against employees who request time off under FMLA. Retaliation can include:
- Demotion
- Termination
- Giving you a bad evaluation
- Any other negative consequences that occurred after you made your request
We understand how difficult it is to handle a dispute with your employer when you are already dealing with a serious health issue. You do not need to face it alone. Our employment law attorneys are prepared to take forceful action against employers who violate their employees’ rights under the Family and Medical Leave Act.
Contact Ricotta & Marks FMLA Violation Lawyers in Queens & Long Island
As an employee, you may have federal rights to job-protected leave in the event you cannot work due to your own medical condition or because you need to care for a family member with a serious medical condition. The FMLA also protects employees who need leave in order to care for a newborn or a newly placed adopted child. Do not let your employee violate your rights. Learn more about FMLA claims and what our lawyers can do to help by contacting us at 347-464-8694. Our office in Queens is convenient to the 7 train.
Learn more about FMLA on our FAQ page.