FMLA Violation Lawyers in Long Island Representing Employees
At Ricotta & Marks, P.C., our FMLA violation lawyers in Long Island represent employees with focus, integrity, and the highest level of professional skill. Your rights under the Family and Medical Leave Act must be protected. If you or your loved one was subject to an FMLA violation in the workplace, we are here to help. To set up a strictly confidential, no obligation consultation with our top-rated New York FMLA attorneys.
What to Know About Your Rights Under the Family and Medical Leave Act (FMLA)
Passed into law in 1993, the Family and Medical Leave Act (FMLA) is a federal statute that requires many companies and organizations to allow employees to take job-protected leave to handle certain family or medical emergencies. Here are four key things that workers on Long Island should know about the FMLA:
- Only Some Employers are Covered By the FMLA: Unfortunately, not all workers have rights under the FMLA. The federal law only applies to employers that have 50 or more qualifying employees within a 75-mile radius. Employees at these companies are only entitled to take FMLA leave if they were employed for at least 12 months and worked at least 1,250 hours in the previous year.
- Workers Can Take Leave for a Qualifying Family or Medical Emergency: The FMLA allows covered employees to take leave for qualifying family and medical emergencies. Some common examples of scenarios that warrant FMLA leave include the birth of a child, the adoption of a child, care for an immediate family member with a serious medical condition, or time off for an employee to care for their own serious medical condition. Employees are encouraged to give employers advance notice regarding leave when possible. Of course, emergency circumstances may arise without warning.
- FMLA Provides Up to 12 Weeks of Job-Protected, Unpaid Leave: Workers covered by the FMLA are entitled to take up to 12 weeks of fully job-protected leave to deal with a qualifying emergency situation. When leave ends, an employer must allow a worker to resume their position. FMLA also allows employees to take intermittent FMLA, for covered illnesses that occur sporadically but do not require an employee to be out of work the full 12 weeks at one time. The law does not require an employer to pay an employee when they are on FMLA leave. However, an employee may also have the right to use sick/family leave benefits that they accrued.
- Employers Cannot Punish Workers for Taking FMLA Leave: If you qualify to do so, you have a legal right to take FMLA leave. An employer does not have the discretion to deny leave to a worker who meets the legal standard. Additionally, an employer cannot take any adverse action against employees who exercise their right to take FMLA leave. To do so is retaliation. It is strictly illegal. Retaliation comes in many forms, including harassment, demotion, denial of full and fair workplace opportunities, and termination.
FMLA violations can arise in a wide range of different circumstances. Any violation of employee rights requires a comprehensive investigation. If you have specific questions or concerns about your rights under the FMLA, please contact our experienced Long Island employment lawyers for immediate assistance.
You Can Trust the Ricotta & Marks FMLA Lawyers in Long Island
The Family and Medical Leave Act is complicated. At Ricotta & Marks, P.C., we help employees understand their rights and take action to hold employers accountable for FMLA violations. Your rights and interests matter. When you get in touch with our firm, you will have a chance to speak to a Long Island employment law attorney who will:
- Conduct a comprehensive review of your FMLA claim;
- Answer questions and explain your legal rights;
- Gather all documents, records, and information; and
- Take aggressive action to get you the best outcome.
While many other firms handle employment law cases occasionally, our entire practice is dedicated to protecting the rights and interests of workers. Our attorneys have decades of experience handling state and federal employment law cases. We will put the time, resources, and personal attention into your Family and Medical Leave Act case to get you results.
Call Our Long Island FMLA Attorneys for Immediate Help
At Ricotta & Marks, P.C., our New York employment lawyers have extensive experience handling complex FMLA claims. If you believe that your rights were violated under the FMLA, we are more than ready to help. Contact us at 347-464-8694 for a strictly confidential employment law consultation. We represent workers in FMLA claims throughout all of Long Island, including in Kings County, Queens County, Suffolk County, and Nassau County.