New York City Family Medical Leave Act Lawyers

Enacted in 1993, the Family Medical Leave Act (FMLA) is a federal law protecting an employee’s right to unpaid time off to care for themselves or a sick family member.  Under this law, employees are guaranteed up to 12 work weeks of protected and unpaid leave for a period of one year when they have qualifying medical or family needs. To be covered for FMLA leave, you must have worked at least 1250 hour in the past 12 months and work for an employer with 50 or more employees.

The law requires that unpaid leave be granted, but the employer may require the employee to use paid leave entitlements like sick leave as part of the FMLA leave.

The law also requires that an employer continue group medical insurance coverage for the employee while on FMLA leave under the same terms offered active employees.  In addition, the employee is guaranteed to return to work at the end of the FMLA leave period.

If you think that your right  to FMLA leave is being violated by your employer call Cary Kane at (212) 868-6300 today and speak with an attorney.

Provisions of the Family Medical Leave Act

According to the FMLA, an employee should not be demoted or fired when they take up to 12 weeks of unpaid time off in the following circumstances:

  • A child’s birth / caring for a child within a year of their birth
  • Caring for an adopted or fostered child within their first year of living with the employee
  • Taking care of a spouse, child, or parent who has a serious medical ailment
  • Developing a medical condition that is severe enough to prevent an employee from working
  • An emergency situation involving a parent, spouse, or child who is considered to be an active-duty military member
  • Caring for a spouse, parent, child, or next of kin who is severely injured and a covered military service member (26 weeks of leave)

Learn More about FMLA Violations from a New York City Attorney

The lawyers at Cary Kane LLP believe in fighting for people in New York City who have had their FMLA rights violated by their employer. If this has happened to you, call us at (212) 868-6300 to discuss your situation and how we can help you.


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