Leave Act (FMLA)
Taking an FMLA Leave on Long Island and in NYC
The Family Medical Leave Act is a federal labor law that Congress passed in 1993. Qualified employers must grant an unpaid medical leave for qualified medical and family issues. Under the FMLA, the employer agrees to protect the employee’s job during the leave, enabling the employee to return to the same or an equivalent job after the leave has ended.
Common Qualified Reasons for Taking an FMLA Leave
Types of events that qualify employees for leaves include:
- FMLA maternity leave or parental leave—after childbirth, adoption or foster care
- Pregnancy disability leave (serious medical condition due to pregnancy)
- Medical leave to care for an immediate family member with a serious medical condition
- Medical leave due to the employee’s own serious medical condition
- A qualifying urgent need due to an employee’s spouse, daughter, son or parent who is a covered military member on covered active duty
An FMLA for pregnancy may become necessary due to severe morning sickness, bed rest required by a physician, hospitalization or continuing treatment by a healthcare practitioner.
Our Legal Focus
Other Qualifications for Employees and Employers
The FMLA applies to companies that have 50 or more employees. To qualify for an FMLA leave, the employee must live within 75 miles from the company worksite. In addition, the employee must have worked for 12 months and a minimum of 1,250 hours at the company. A leave up to 12 weeks is granted once during a one-year period. However, if an employee is caring for an ill or injured service member, who is immediate family (spouse, son, daughter, parent or next of kin), the FMLA allows up to 26 weeks of leave within a one-year period.
What Are Your Rights Under the FMLA?
You have the right to return to the same or an equivalent job with similar or the same responsibilities as prior to the leave. You should also receive the same benefits. If your employer violates the terms of the FMLA by refusing to grant a leave, terminating your job, not holding your job or an equivalent position for you or by denying benefits, you can file a lawsuit.
Testimonial by a Client in an FMLA Case
Below is a review written by one of our clients that we represented in a case involving FMLA violations:
5.0 stars Avvo Review—FMLA Violations
Posted by Sophia
December 6, 2016
Peter was referred by a colleague of a family member to assist me with the violations my company made under the Family And Medical Leave Act. I hired him after our first consultation where he assured me that it wasn’t if I had a case it was how long this case would it take to be resolved. My priority was for an amicable solution, and Peter agreed. Within a couple of months after filing the lawsuit, the company agreed to settle out of court, and Peter negotiated the settlement to meet my requests, as well as to compensate him for his diligence. I would definitely refer him to anyone in the same situation.
New York Paid Family Leave Benefit
Under New York law, a qualified employee can receive up to 10 weeks of paid family leave. In 2021, the leave time increases to 12 weeks of paid leave. The paid benefit is 60% of the weekly average earnings. However, the law has established a cap on the highest amount of payment a worker can receive.
Statute of Limitations for FMLA Claims
The statute of limitations (deadline) for filing an FMLA claim is two years from the last action that the employee believes violated the FMLA. However, when a willful violation occurs, the statue may extend to three years.
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