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FMLA

FMLA

New Tork FMLA Violation Lawyers

If you have a serious medical condition and need to take leave from work, or if you have a family member with a serious medical condition for whom you need to provide care, you may be eligible for job-protected leave through the federal Family and Medical Leave Act. While this law does not provide for paid leave, it does ensure that your employer cannot terminate you or take away your benefits because you take federally protected leave.

The Family and Medical Leave Act is a federal law that allows you to take time off of work to recover from an illness or to care for a family member. If your employer refused to allow you to take time off, or retaliated against you for taking time off, the lawyers at Ricotta & Marks, P.C., can help.

Federal law allows certain employees to take up to 12 weeks of unpaid leave. In addition, New York laws require employers to make reasonable accommodations. For example, if you are caring for a parent who is being moved to a nursing home and have used your 12 weeks, an additional two weeks could be considered a reasonable accommodation under New York law.

If you were terminated from your position after taking FMLA leave, or if you faced retaliation from your employer, you may be eligible to file a lawsuit. You should speak with our Queens FMLA violation lawyers as soon as possible so that we can evaluate your case and discuss moving forward with a lawsuit.

Queens and Long Island

Labor Employment Lawyers in Queens and Long Island

Advocating on Behalf of
Employees

At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:

Harassment

According to the NY Department of Human Rights, employers can be held responsible for sexual harassment in the workplace in the following circumstances:
If the harassment was the fault of a co-owner, manager, or supervisor the employer is responsible, regardless of whether or not they knew it was occurring
If the harassment occurred among regular employees, the employer can be held responsible if they knew about it, should have known about it, or failed to have a sexual harassment policy in place.
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Employee Discrimination

Our lawyers are prepared to represent clients who face any type of employment discrimination such as:
Gender discrimination
Marital status discrimination
Pregnancy discrimination and FMLA violations
Sexual orientation discrimination, including transgender discrimination and harassment
Age discrimination
Race or national origin discrimination
Disability discrimination
Religious discrimination
Criminal record discrimination
Violations of the Genetic Information Nondiscrimination Act (GINA)
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Wage & Hour Disputes

We handle many cases that involve wage and hour disputes, including people in certain industries who often fall victim to these situations as well as instances involving:
Unpaid overtime
Under-the-table compensation
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Education Law

New York City teachers face challenges inside and outside the classroom. When they face the possibility of losing their jobs, they deserve representation by experienced attorneys.

At Ricotta & Marks, P.C., employment law is our sole focus. We have represented teachers facing a broad spectrum of legal issues and we are committed to protecting teachers’ rights. To learn more, please do not hesitate to contact us and schedule a free initial and confidential consultation at our Queens or Long Island offices today.

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Wrongful Termination

Even in an ‘At Will’ Work Situation, You Have the Right to Work. Employers will always claim that they had a valid reason to lay off or fire an employee. But in many circumstances, this is just disguised discrimination of one form or another. Continued employment and advancement is frequently based on performance reviews. If you have a perfect record, then suddenly go from perfect to pariah, it may be a case of your supervisor or employer giving a negative review in order to have an excuse to remove you from your position or deny a promotion.

Sometimes these “Jekyll and Hyde” switches occur because a superior learned something about a subordinate that then caused him or her to have a negative bias, like the employee was of a certain religion or sexual orientation. Sometimes the reason is more obvious, like a bias against people of a certain race, being male or female, a woman becoming pregnant or people with disabilities.

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Other Employment Law Issues

As a full-service employment law firm, we can also help you with:
Labor and union representation
Mediation and arbitration matters
Employment contract negotiations and matters
Employer defense
Our New York employment attorneys are dedicated to ensuring that all workers have the opportunity to pursue successful careers, and experience workplaces that are free of harassment or other situations that create tension.
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Medical Leave

Medical Leave

What is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act is a federal law that allows covered employees who are eligible for protection to take up to 12 workweeks of unpaid leave during a 12-month period for family and medical reasons. When an employee takes FMLA leave, the employee’s job must be protected, which means that the employer cannot give someone else that job and refuse to bring back the employee after the FMLA leave is over. Further, employees who take FMLA leave are entitled to retain certain workplace benefits, such as group health insurance coverage, as if that employee had not taken leave.

When an employee is eligible for FMLA leave, that employee can take up to 12 weeks of unpaid, job-protected leave for any of the following:

  • Birth of a child and to care for the newborn within one year of the date of the newborn’s birth;
  • Placement of a child for adoption or foster care with the employee, to provide care for the newly placed child within one year of the child’s placement;
  • Employee’s spouse, child, or parent has a serious health condition, and the employee needs to take leave to provide care for that family member; or
  • Employee has a serious health condition that makes that employee unable to perform his or her job.

 
The FMLA also allows an employee to take leave for “any qualifying exigency” related to a close family member who is a member of the military and is on “covered active duty.” In some cases, an employee may be eligible for an extended period of leave to care for a family servicemember with a serious medical condition.

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Who is Covered by the FMLA?

To be eligible for FMLA, the following must be true:

Employee must have worked for the employer for at least 12 months
Employee must have worked at least 1,250 hours during the year prior to taking FMLA leave; and
Employee must work for an employer that has at least 50 employees working within a 75-mile radius of the workplace.

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Family and Medical Leave Act Attorneys Serving New York including Queens, Brooklyn, Manhattan

The law prohibits employers from retaliating against employees who request time off under FMLA. Retaliation can include:

Demotion
Termination
Giving you a bad evaluation
Any other negative consequences that occurred after you made your request

We understand how difficult it is to handle a dispute with your employer when you are already dealing with a serious health issue. You do not need to face it alone. Our employment law attorneys are prepared to take forceful action against employers who violate their employees’ rights under the Family and Medical Leave Act.

Contact

Contact

Contact Ricotta & Marks, P.C.

As an employee, you may have federal rights to job-protected leave in the event you cannot work due to your own medical condition or because you need to care for a family member with a serious medical condition. The FMLA also protects employees who need leave in order to care for a newborn or a newly placed adopted child. Do not let your employee violate your rights. Learn more about FMLA claims and what our lawyers can do to help by contacting us at 800-240-9269. Our office in Queens is convenient to the 7 train.

Learn more about FMLA on our FAQ page.

Ricotta Marks

Ricotta & Marks, P.C.

We understand that your situation is urgent. Our New York employment discrimination attorneys will respond to your questions and concerns as quickly as possible.

Contact Our Office347 - 464 - 8694