Could you be entitled to time away from work via FMLA?

By Matthew Marks on November 7th, 2014 in Family Medical Leave Act (FMLA)

Many people in the New York City area need to work to pay for life’s necessities. If a health issue makes it impossible for you to work for a period of time, you may be scared about not only your physical health but your future financial health as well. How will you make ends meet if you do not have a job to return to? If you are in this situation, the Family and Medical Leave Act may come into play.

Also referred to as FLMA, this federal law makes it necessary for many employers to allow employees to take up to 12-weeks away from work to address a health issue. While that leave is unpaid, under the law once that period of time is up, your employer must have a job waiting for you when you return. It may be used not only to deal with your own health issue, but that of a close family member as well.

Despite the existence of this law, some employers fail to adhere to it and instead retaliate against employees who take a medical leave. While this retaliation can take multiple forms, including the receipt of a bad evaluation, termination or demotion, it is nonetheless illegal. If you are the victim of retaliation regarding an FMLA matter, you can take legal action to rectify the violation of your rights.

Trying to deal with employment issues on top of a medical condition can be unbelievably stressful. For this reason it is often a good idea to work with a lawyer who understands employment matters. For more information please see our webpage on FMLA violations.