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FMLA Claims: Helping Clients Hold Employers Accountable for Failing to Grant Unpaid Leave or Medical Absences

J Goldman Law May 7, 2020

The Family and Medical Leave Act (FMLA) of 1993 protects eligible employees who need time off from work for medical reasons or emergencies. At The Law Offices of Jeffrey E. Goldman, we help individuals and families throughout New York understand their rights under FMLA and respond to instances of harassment, demotions, termination or other denials of leave for medical issues, or the care or birth of a child.

A Team of Lawyers Helping You Understand FMLA

In summary, the FMLA allows you to take up to 12 weeks of unpaid leave if you meet certain criteria and experience a qualifying condition or situation (the birth of a child, for example). During this time, your employer must continue to provide you with health insurance benefits.

Additionally, your employer is required to allow you to return to work in the same or similar capacity, and at the same pay grade when your leave is over. Your employer may not attempt to keep you from taking FMLA by harassment or making threats that you could be fired if you take FMLA leave.

If your employer is placing you undue pressure, hardship or otherwise discourages you from taking leave, it’s important to speak up and consult an attorney who can explain your options.

Furthermore, under the FMLA, you are eligible to take up to 26 weeks of unpaid leave to care for a parent, child, or next of kin in the armed forces who requires medical care or therapy.

Below is general information regarding FMLA eligibility and other factors. For comprehensive counsel tailored to you, and your specific situation, we encourage you to reach out to us and speak with our team of lawyers. You can also find some resources on the U.S. Department of Labor’s website outlining FMLA matters.

FMLA Eligibility For Benefits

  • 12 months working for your employer

  • Worked 1,250 hours in the past year

  • Your company employs 50 or more people (the 50+ employees must work within a 75-mile radius)

  • You are currently working

Situations Covered By FMLA

  • Qualifying medical condition or emergency

  • Difficulty/incapacitating pregnancy

  • Care of a newborn, adopted, or foster child

  • Care for next of kin with a serious medical condition or emergency

  • Emergency related to family member in the U.S. armed forces

Know and Assert Your Rights

With more than 25 years of combined experience, our attorneys in New York have litigated and/or settled numerous cases related to employment law, including FMLA claims. We understand you may be concerned about employer retaliation.

If you think your situation might be covered by the FMLA, call us to schedule a free initial consultation. We can pursue back pay, compensation for attorney’s fees, reinstatement, and other damages.