If you have faced illness and needed to take some time out of work, then you are likely familiar with the Family and Medical Leave Act (FMLA) by now. Nothing is easy during times when life-altering illnesses strike, hence the US laws provide protection. In most cases, this means that your employer cannot ask you to perform anything during the leave or reinstate you to a lesser position due to the absence.
The New York FMLA interference lawyers at Law Office of Yuriy Moshes, P.C. are available for free initial consultations. Call us at 888-445-0234 and let’s get to work.
The Family and Medical Leave Act (FMLA) is a US federal law providing qualifying US employees with the right to job-protected and unpaid leave resulting from qualified medical and family reasons.
When it was originally passed back in 1993, this Act allowed workers to take time off from work to bond to a new child, care for a family member who has a serious medical condition, or recover from their own health issues.
In 2008 the FMLA rules and regulations were expanded to cover military family leave. Employees may now take an unpaid leave do deal with issues arising from the deployment of a family member or to care for one who has returned home injured.
To sum it up, employees have the right to do the following under the FMLA:
During and after the leave, FMLA entitles worker with the following rights:
When speaking about FMLA eligibility, it is important to make a distinction between the eligibility criteria for employers against those for employees. The FMLA applies only when eligibility requirements for both employers and employees are met. To ensure that you and your employer meet these requirements, make sure you talk to an experienced New York employment attorney to clarify it for you. Tell them about your situation, tell them about your employer, and they’ll tell you whether your case qualifies for compensation.
To give you an idea of what these criteria are, here is what you have to take into account:
If the employer does not grant your right to leave according to this law, it constitutes an FMLA interference and leads to penalties for the employer.
As with any other rights violation, employers violate FMLA rights according to certain patterns. Most of them do the same mistakes over and over again. In our experience, when a client calls or comes to our office and says that the employer violated their FMLA rights, most often it means any of the following:
Keep in mind that this is not an exhaustive list of all the violations employers do. We receive different kinds of cases on a regular basis, so if you couldn’t recognize your case in the circumstances described above, just talk to a lawyer.
To enjoy your FMLA rights, you have to hand your employer a leave notice. It is an FMLA leave requirement to do so. You can give it in writing or verbally. You can also send it by mail, email, fax, or phone. If you are not able to give the notice, a spokesperson may give it on your behalf.
Ensure to provide enough information to let your employer know that the reasons for your leave requests are covered by the FMLA. You don’t have to mention the FMLA or any other law in the notice, though. It is enough to state the reasons that are covered by it.
Having said that, it is enough to tell them that you need time off for parenting, taking care of a close person who is ill, or you have military family obligations. If you know your rights under this law, there are no reasons to be shy to demand what is rightfully yours. It is enough to know that you are entitled to unpaid absence and that you have to give notice to the employer.
On the other hand, the employer has the right to ask you to provide certifications that prove the reasons behind your leave notice. There are four main types of certifications that employers may request:
Your employer may request the relevant certification in any case. Typically, both you and your health care provider will have to provide information to complete the form. Keep in mind that once your employer demands the certification, you’ll have 15 days to complete the form and hand it to them, unless it is not possible (if, for example, your doctor is not available).
So, you think that your FMLA rights have been violated and now you are wondering what to do next. We suggest you call a New York employment attorney before doing anything else.
However, you have two options:
If you or a loved one have been a victim to an unreasonable employer who has violated your FMLA rights you need an experienced New York FMLA lawyer to help you build a strong case against them and win it.
Depending on the circumstances of your case, your lawyer will let you know whether it is worth fighting. To determine that, call us at 888-445-0234 to discuss your legal matter. The initial consultation is free.
We represent clients on various fee structures, including reasonable hourly fee arrangements, contingency fee agreements in appropriate cases, and hybrid or mixed hourly and contingency fee structures.