FMLA Violation Lawyers in Long Island, NY

What to Know About Your Rights Under the Family and Medical Leave Act (FMLA)

Passed into law in 1993, the Family and Medical Leave Act (FMLA) is a federal statute that requires many companies and organizations to allow employees to take job-protected leave to handle certain family or medical emergencies. Here are four key things that workers on Long Island should know about the FMLA:

1. Only Some Employers are Covered By the FMLA: Unfortunately, not all workers have rights under the FMLA. The federal law only applies to employers that have 50 or more qualifying employees within a 75-mile radius. Employees at these companies are only entitled to take FMLA leave if they were employed for at least 12 months and worked at least 1,250 hours in the previous year.
2. Workers Can Take Leave for a Qualifying Family or Medical Emergency: The FMLA allows covered employees to take leave for qualifying family and medical emergencies. Some common examples of scenarios that warrant FMLA leave include the birth of a child, the adoption of a child, care for an immediate family member with a serious medical condition, or time off for an employee to care for their own serious medical condition. Employees are encouraged to give employers advance notice regarding leave when possible. Of course, emergency circumstances may arise without warning.
3. FMLA Provides Up to 12 Weeks of Job-Protected, Unpaid Leave: Workers covered by the FMLA are entitled to take up to 12 weeks of fully job-protected leave to deal with a qualifying emergency situation. When leave ends, an employer must allow a worker to resume their position. FMLA also allows employees to take intermittent FMLA, for covered illnesses that occur sporadically but do not require an employee to be out of work the full 12 weeks at one time. The law does not require an employer to pay an employee when they are on FMLA leave. However, an employee may also have the right to use sick/family leave benefits that they accrued.
4. Employers Cannot Punish Workers for Taking FMLA Leave: If you qualify to do so, you have a legal right to take FMLA leave. An employer does not have the discretion to deny leave to a worker who meets the legal standard. Additionally, an employer cannot take any adverse action against employees who exercise their right to take FMLA leave. To do so is retaliation. It is strictly illegal. Retaliation comes in many forms, including harassment, demotion, denial of full and fair workplace opportunities, and termination.

FMLA violations can arise in a wide range of different circumstances. Any violation of employee rights requires a comprehensive investigation. If you have specific questions or concerns about your rights under the FMLA, please contact our experienced Long Island employment lawyers for immediate assistance.