New York City Whistleblower Lawyer

Handling a medical emergency or taking care of a sick loved one shouldn’t cost someone their job. Fortunately, the Family and Medical Leave Act (FMLA) gives eligible employees a certain amount of unpaid leave each year for medical and family reasons. Your job is protected so long as you take authorized FMLA leave.

Unfortunately, too many employers ignore their obligations under this law. They deny leave, or they try to force an employee back to work too soon, perhaps by threatening to fire them. Still other employers will go ahead and terminate an employee who is protected by FMLA.

Call Carey & Associates, P.C. to speak with an experienced New York City Family Medical Leave Act (FMLA) lawyer at our firm. We can provide a general idea of the strength of your case.

FMLA in New York

Congress passed the Family and Medical Leave Act to help American workers deal with serious health conditions or to care for a loved one without fear of losing their job. Before passage of the FMLA, workers face an impossible choice—show up to work and keep a paycheck or take care of critical medical or family issues.

As a federal law, FMLA applies from coast-to-coast, but only some employees are covered. For example, you should have worked at least 12 months for your employer, with at least 1,250 hours, at a location where your employer has at least 50 employees within 75 miles. Helpfully, New York has supplemented the FMLA with the New York Paid Family Leave (PFL), which is more comprehensive.

When Can You Use FMLA Leave?

The law grants unpaid leave for specific situations:

• Serious health condition. You may take FMLA leave if your serious health condition prevents you from performing your job duties.
• Care for a family member. FMLA provides leave so an employee can take care of an immediate family member (child, spouse, or parent) who has a serious health condition.
• Adoption or childbirth. FMLA also allows employees to use unpaid leave to bond with a newborn, adoptee, or foster child.
• Military-related leave. Employees may take FMLA leave to care for family members with a serious injury or illness if they are a current servicemember or a recent veteran. Employees can also use leave to handle childcare arrangements and other exigencies when a family member is deploying.

Employers should understand an employee’s rights under FMLA, as well as their own obligations to keep a job open.

What if Your Employer Violates the FMLA?

This law has teeth. If your employer unfairly denies your FMLA request, or if they fire you when you are taking protected leave, you have legal remedies:

• Job reinstatement. Your employer might have refused to give you your old job back when you come off FMLA leave. We can seek a court order reinstating you into the position.
• Time off. Your employer might have refused an FMLA request unfairly. We can ask a court to order an employer to grant you FMLA leave or to stop trying to get you to return to work too soon.
• Damages. We can also seek financial compensation for any FMLA violation. The law authorizes courts to award back pay, front pay, liquidated damages, out-of-pocket expenses, and attorneys’ fees, where warranted.

Schedule a consultation to discuss possible remedies. Some of our clients simply want their job back, while others want monetary compensation.

Settling an FMLA Case

Not every case ends up in court. An employer who refuses to grant FMLA leave might change their mind when confronted by an attorney who can explain their obligations under the law. Some employers are simply unaware of their obligations and deny leave accidentally.

Settling a case has advantages, including quicker access to FMLA leave and no stress from litigation. Our firm is prepared to demand compensation and reinstatement, if that is what you want. We can negotiate a favorable outcome for our clients.

Contact to discuss how we charge fees in FMLA cases. In some situations, an employer will cover the cost of your legal representation.

Schedule a Consultation Today

At Carey & Associates, P.C., our lawyers understand the FMLA inside and out, as well as other related laws which provide critical protections to workers. We can advise you of your legal rights, as well as what evidence you will need to be successful if you challenge an employer action. Workers make New York City thrive, and you deserve all leave you are entitled to under federal and state law. Call us to schedule a confidential meeting, (203) 814-1344.