The Family Medical Leave Act of 1993 is a federal law that provides for the job security of employees who need to take leave for the birth and care of the newborn child of the employee; for placement with the employee of a son or daughter for adoption or foster care; to care for an immediate family member (spouse, child, or parent) with a serious health condition; or to take medical leave when the employee is unable to work because of a serious health condition. The FMLA, as it is commonly referred as, allows for employees who work for a covered employer to take up to 12 work weeks of unpaid leave. (A recent addition to the FMLA allows for a spouse, son, daughter, parent, or next of kin to take up to 26 workweeks of leave to care for a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness.) A covered employer is an employer who employs 50 or more employees for each working day during each of 20 or more calendar workweeks in the current or preceding calendar year. The 12 weeks can be taken consecutively or intermittently with adequate notice.
Violations of the FMLA usually occur when employers discriminate, retaliate or interfere with a person’s rights under the FMLA. If a plaintiff prevails in a claim under the FMLA, the law provides for liquidated damages doubling the amount of lost compensation plus interest for a bad faith violation of the FMLA. The law also provides for attorney’s fees to a prevailing plaintiff.
What we can do – An FMLA violation requires that the employee who is claiming a violation bring a civil action in federal court within 2 years of the date of the alleged violation. However, the employer willfully violates the FMLA, the action must be brought within 3 years of the date of the alleged violation. We can file and pursue your FMLA claim in federal court. We will prosecute your claim to completion.
New York Family Medical Leave Lawyer
If you think that your right to family medical leave has been denied you by your employer, you need to hire a Family Medical Leave Lawyer to help. The lawyers at Borrelli & Associates, P.L.L.C offer unrivaled expertise in issues related to family medical leave.
Family medical leave encompasses a broad area which includes such issues as pregnancy, maternity, and sick leave. These are all situations which warrant taking a paid leave of absence from work. Maybe you have a close relative who is sick and needs constant care and attention. Maybe you are sick yourself and you can’t work, but you need your paycheck to survive. Or perhaps you have a new child at home that you need to care. Whatever the circumstances, family medical leave is designed to financially protect you during times when you are unable to work.
Maternity, Paternity, Sick Leave, Hospitalization & More
The Family and Medical Leave Act of 1993, also known as FMLA, is a labor law that protects employees from unfair treatment in cases like these. Our FLMA attorneys are experienced and knowledgeable in regard to the Family and Medical Leave Act of 1993, so they know your rights and are sympathetic to your situation. We have offices in Manhattan and Great Neck and serve the five boroughs of New York City as well as both Nassau and Suffolk Counties, Long Island.
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