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Pregnant Mother

Pregnant Mother

What Happens When a Pregnant Mother Decides
Not to Return to Work after her FMLA Leave?

The Family Medical Leave Act (“FMLA“) provides up to 12 weeks of unpaid time off to employees experiencing a family emergency or even a personal health issue, so long as their employer is of sufficient size to fall under the Federal law. Employees generally are entitled to be restored to the same or equivalent position upon return from leave under the Family and Medical Leave Act.

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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Hypothetical Situation:

A new mother who is out of work on FMLA leave, 8 weeks into her 12 week maximum amount of time, contacts her employer and lets them know that she does not intend to return to work at the end of her leave period. (Note to new mothers: if you receive health care or other time sensitive benefits from your employer, you may wish to wait until the end of your FMLA period to decide to resign!)

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When is the new mother’s employment considered officially over?

The Department of Labor states in the relevant regulation: “If an employee gives unequivocal notice of intent not to return to work, the employer’s obligations under FMLA to maintain health benefits (subject to COBRA requirements) and to restore the employee cease. However, these obligations continue if an employee indicates he or she may be unable to return to work but expresses a continuing desire to do so.”

health care costs

health care costs

Will the employer be able to recover health care costs expended for the employee's benefit while she was out on leave?

“Under the regulations, the employer may recover its share of health plan premiums during a period of unpaid FMLA leave from an employee if the employee fails to return to work, unless the reason for not returning to work is due to, among other things, “circumstances beyond the employee’s control.” The Department of Labor (DOL) makes clear that this phrase is “necessarily broad” and includes a situation where the employee chooses to stay home with a newborn child who has a serious health condition. However, the DOL acknowledges that this caveat clearly does not cover a situation where the employee chooses to stay home with a “well, newborn child.” (Quoting:
http://www.fmlainsights.com/fmla-faqs/)

Contact

Contact

Contact Ricotta & Marks, P.C.

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.

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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