New York Family Medical Leave Act Attorney

Under the Family Medical Leave Act an eligible employee is entitled to take up to 12 weeks of unpaid leave during a 12 month period for several reasons, including the birth or adoption of a child or to care for oneself or a family member with a serious medical condition. Unfortunately, some employers may not respect this federal law and will unlawfully deny FMLA leave or terminate the employee for taking an FMLA leave. Below is a brief description of the Family Medical Leave Act. If you feel you have been fired or demoted because of your choice to be with family, contact the FMLA leave lawyers at Cary Kane LLP to schedule an initial consultation.

The Family Medical Leave Act (FMLA)

To be considered an eligible employee for FMLA protection, an employee must have worked for the employer for at least 12 months, and have worked a minimum of 1,250 hours over the past 12 months. In addition the employee must work at a location where at least 50 employees are employed within 75 miles by the employer. In order to be entitled to take a FMLA leave, with rare exception, the employee must comply with the employer's procedures for requesting the leave. Covered employers are required to have a written FMLA policy and make it available to employees.

Intermittent FMLA leave adding up to 12 weeks of absence per year is available to bring family members to the doctor for treatment of chronic conditions. An employer may require an employee on FMLA leave to use vacation entitlements as part of the leave, but the law does not force employers to adopt such a policy. Providing the employee is expected to return to his or her position at the end of the 12 weeks, the employer must continue to cover the employee for medical insurance at the same out-of-pocket cost required of working employees. For example, if the medical insurance coverage is provided free to those actively employed it remains free to the employee on FMLA leave, but if there is a monthly cost required of active employees, the employee on FMLA leave must continue to make payments if he or she wishes to remain covered by the insurance.

The year used to calculate an employee's entitlement may be the calendar year, a rolling 12 month look back or a fiscal year or other stated 12 month period. The employer is free to elect how it calculates the "year" but it is not free to change from one method to another without modifying its written policy.

Violations by Employers

If you are an eligible employee under the Family Medical Leave Act and have not exhausted your leave entitlement an employer may not refuse your decision to take your lawful leave time. Employers are also prohibited from using FMLA leave as a factor in making employment decisions, such as hiring, firing, and promotions. Additionally, it is illegal for employers to terminate or discriminate against employees who complain about unlawful violations of FMLA practice.

If you are experiencing problems regarding your ability to take FMLA leave or if you have been terminated in violation of the FMLA, contact a New York Family Medical Leave Act attorney at Cary Kane LLP to schedule an immediate consultation.