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.
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At Ricotta & Marks, P.C., we represent employees in a broad spectrum of legal matters, including:
Wage & Hour Disputes
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.
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.
Other Employment Law Issues
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.