New York FMLA Lawyers

Our New York FMLA lawyers can help you understand your rights under the Family Medical Leave Act (FMLA). In our video, we discuss the top five FMLA violations that employees often face that seriously affect job security and well-being.

Common FMLA Violations

Imagine being denied time off after the birth of your child or being fired while on leave, even weeks of unpaid leave, to care for a family member with a serious health condition. These examples of potential FMLA violations could support a wrongful termination claim.

Can You Sue for Pregnancy Discrimination?

Federal law gives employees FMLA leave for pregnancy, childbirth, and caring for a newborn child. FMLA allows eligible employees up to 12 workweeks of job-protected leave of absence for qualifying reasons, such as childbirth or a serious health condition. If your employer discriminates against you due to pregnancy or denies you FMLA leave, you may have a valid claim under the Family and Medical Leave Act and New York State law.

What Is the FMLA?

The Family and Medical Leave Act is a federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave within a 12-month period for specific family and medical reasons. 

FMLA covers various situations, such as sick leave for serious health conditions, caring for an immediate family member with a serious medical condition, bonding with a newborn or newly adopted child, and even foster care responsibilities. During FMLA leave, employers must maintain the employee’s health insurance benefits so they have coverage while on leave.

In New York, the FMLA is complemented by additional state protections, including the New York Paid Family Leave (PFL), which offers paid leave for similar reasons. While FMLA leave is unpaid, PFL provides financial assistance for more comprehensive support of New York workers and their families.

What Situations Does FMLA Cover?

FMLA grants unpaid leave to eligible employees under specific conditions, including:

• Birth of a Child or Adoption: New parents, including foster parents, can use FMLA leave to bond with their newborn, adopted, or foster child.
• Serious Health Condition: Employees may take FMLA leave if they have a serious health condition that prevents them from performing their job duties.
• Care for an Immediate Family Member: FMLA allows employees to take time off to care for a spouse, child, or parent with a serious health condition.
• Military-Related Leave: Certain situations involving family members on active military duty, such as caring for a wounded soldier, qualify for FMLA leave.

Government Agencies Involved in FMLA

FMLA compliance is monitored by multiple federal and state entities, which play distinct roles in upholding employee rights. 

Federal Agencies

• U.S. Department of Labor (DOL), Wage and Hour Division (WHD): As the main federal agency enforcing FMLA, the DOL investigates claims, issues regulations, and ensures employers uphold employee rights.
• U.S. Equal Employment Opportunity Commission (EEOC): While primarily focused on discrimination cases, the EEOC may intervene if FMLA violations overlap with issues like disability discrimination.

New York State Agencies

• New York State Department of Labor (NYSDOL): Helps employees understand their rights and file complaints regarding FMLA and other workplace violations.
• New York State Workers’ Compensation Board (WCB): Handles cases involving work-related injuries or illnesses, especially when FMLA leave is linked to a workplace injury.

New York City Agencies

• New York City Commission on Human Rights (CCHR): Investigates violations of human rights laws in New York City, including potential FMLA-related discrimination.
• New York City Department of Consumer and Worker Protection (DCWP): Provides resources for employees on workplace rights, including family leave.
• Mayor’s Office for People with Disabilities (MOPD): Supports workers with disabilities in securing appropriate accommodations in the workplace.
• New York City Human Resources Administration (HRA): Connects employees facing financial hardship due to family or medical leave to social services.

Understanding the roles of these agencies is essential for navigating FMLA claims and upholding your rights effectively. That’s where an FMLA attorney can help.

Our New York FMLA Lawyers Know How to Settle FMLA Cases

Our experienced FMLA lawyers in New York bring a wealth of knowledge and legal advice to each FMLA case. Here are some ways we can help employees get justice:

• Double Damages: In certain cases, we can seek double damages for FMLA violations to increase your compensation.
• Presumption of Guilt: With FMLA cases, the burden often shifts to the employer to prove they acted lawfully. This presumption benefits employees, strengthening the grounds for your claim.
• Immediate Filing: Unlike other employment claims, FMLA violations don’t require pre-filing with the EEOC, so we can act quickly to protect your rights.

How Can Our New York FMLA Lawyers Help You?

When you choose our New York-based FMLA lawyers, you get a team of skilled employment attorneys dedicated to protecting your rights. Here’s what you can expect from our law firm:

1. Case Review and Evidence Collection: We start by reviewing your case and gathering essential evidence, like FMLA forms, medical records, and employer communications. Our goal is to identify any violations and plan the best way forward.
2. Guidance and Clarification: We explain your FMLA rights and the steps involved in filing a claim, so you understand your protections and options.
3. Filing the Claim: After reviewing your evidence, we initiate the formal process, which may include filing legal documents, requesting damages, and negotiating with your employer.
4. Representation in Court: If your case goes to court, our attorneys use their experience in New York employment law to seek the best outcome. We keep you informed and supported throughout.

Schedule your FMLA consultation today. 

How Much Will It Cost Me?

We understand that legal costs can be a significant concern, especially in FMLA claims. 

During your consultation, we’ll explain potential attorney’s fees and go over payment options that fit your needs. For some cases, we offer a contingency plan, so you only pay if we win compensation for you. This allows you to seek justice without upfront fees.

We believe that cost should not stop you from getting quality legal representation. If you’re dealing with retaliation, wrongful termination, or other FMLA issues, we’re here to provide the guidance and support you need. 

If you have any questions about fees or payment plans, just ask—our team is ready to make this process as easy as possible for you.

What to Expect During a Consultation with New York FMLA Lawyers

During your FMLA consultation, our attorneys will look at your work and leave history to determine whether your employer has violated FMLA laws. 

You’ll have a chance to share your story, ask questions, and learn about your options. Confidentiality is a cornerstone of our attorney-client relationship, and our attorneys are dedicated to giving you an honest assessment of your case, your rights, and your potential next steps.

Get in Touch With New York FMLA Lawyers

If you think your FMLA rights were violated, don’t wait to seek help. FMLA claims can be complicated, especially with both federal and New York State laws involved. 

Our FMLA lawyers in New York are here to help you protect your job-protected leave rights and get the compensation you deserve. Let us guide, support, and advocate for you during this process.

Find Our New York Law Offices in Manhattan

Our office is conveniently located in New York City, proudly serving clients across New York State and New Jersey. You’re welcome to visit us in person, call us by phone, or schedule an appointment online to discuss your wrongful termination case with our experienced attorneys.