Brooklyn Family Medical Leave Act (FMLA) Lawyer

The Family and Medical Leave Act (FMLA) is a federal law that provides employees with certain rights whenever they need to take time off work for family or medical reasons. However, not all employers abide by this law. If your employer has violated your FMLA rights, it may be in your best interest to seek the assistance of an experienced Brooklyn FMLA attorney.

Nolan Klein, a reputable FMLA lawyer serving client located in Brooklyn, New York, can help you understand your rights under the FMLA and guide you through the process of filing a lawsuit against your employer for any violations. Nolan's expertise spans 15+ years and he has a proven track record of success in handling civil rights cases.

Call +1 877.253.5406 or fill out our online contact form to schedule a consultation with Nolan Klein today. During the consultation, he will evaluate your case and determine the best course of action for you.

Understanding The Family and Medical Leave Act Laws in Brooklyn

The Family and Medical Leave Act (FMLA), established in 1993, is a federal law in the United States that aims to support employees during significant life events or health crises. It is a critical piece of legislation that allows eligible workers to take up to 12 weeks of unpaid leave in a year, without fear of losing their job.

One significant aspect of FMLA is the provision for parental leave following the birth or adoption of a child. This allows new parents to take time off work to bond with their newborn or newly adopted child, manage postnatal care, and settle into their new roles as parents. The law recognizes both biological and adoptive parents, and it applies equally to both mothers and fathers, promoting shared responsibility and gender equality.

Another crucial component of FMLA is the provision of family care. This means that if an immediate family member – a spouse, child, or parent – falls seriously ill, the employee can take leave to provide care. This provision acknowledges the essential role family plays in healthcare, providing emotional support and often necessary home care.

Lastly, FMLA allows employees to take medical leave if they themselves are suffering from a serious health condition that makes them unable to perform their jobs. This could range from severe physical illnesses like heart disease to mental health conditions such as severe depression or anxiety. The law thus recognizes that employees may need time off not only to physically recover from an illness but also to attend to their mental well-being.

How to Apply for an FMLA Request in Brooklyn New York

To apply for FMLA, an employee must first notify their employer of the need for leave. This notification should be made at least 30 days in advance if possible, or as soon as reasonably practical in case of unforeseen circumstances. The employer may require the employee to provide medical certification from a healthcare provider supporting their need for leave.

Once the notification and medical certification have been submitted, the employer must provide the employee with a Notice of Eligibility and Rights and Responsibilities within five business days. This notice outlines the employee's eligibility for FMLA leave, their rights and responsibilities under the law, and any specific documentation or requirements needed to support their request.

If approved, the employer must also provide a Designation Notice stating the amount of leave granted and any conditions or expectations upon the employee's return. This notice must be given to the employee within five business days of the employer's decision.

Violations of the Family and Medical Leave Act in Brooklyn, New York

FMLA violations can occur in various ways. These include:

Denying an employee's request for leave without providing a valid reason.

Retaliating against an employee for using FMLA leave or asserting their rights under the law.

Failing to provide proper notice and information regarding FMLA eligibility and requirements.

Refusing to reinstate an employee to their previous position upon returning from FMLA leave, or failing to provide comparable job duties if the employee's position is no longer available.

Interfering with an employee's FMLA rights, such as discouraging or preventing them from taking leave.

In the event of an FMLA violation in Brooklyn, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division or consult with a Brooklyn FMLA attorney for further legal action. The department will conduct an investigation and take appropriate action to address the violation.

Should You File a Lawsuit for FMLA Violations in Brooklyn?

The decision to file a lawsuit for FMLA violations ultimately depends on the specific details and circumstances of your case. In some cases, the Department of Labor's investigation and remedies may be sufficient to address the violation. However, if you have suffered significant harm or loss due to an employer's violation of your FMLA rights, you may want to consider seeking legal action. An FMLA attorney can help you navigate the legal process and potentially recover damages for lost wages, benefits, and other losses.

Additionally, filing an FMLA lawsuit can hold employers accountable for their actions and prevent future violations from occurring. There are strict time limits for filing an FMLA lawsuit in Brooklyn, so consult with an FMLA attorney as soon as possible.

Don't face FMLA Violations Alone - Talk to an FMLA Lawyer serving Brooklyn clients

Infringements of FMLA rights can be daunting, but seasoned lawyer Nolan Klein is here to provide you with invaluable assistance and guidance. Nolan has the expertise to discern potential violations of your FMLA rights, elucidate the legal avenues open to you, and coach you through the process of filing a lawsuit against your employer.

Nolan stands firm in his commitment to advocating tenaciously for your just and lawful treatment. Together, let's uncover any potential breaches of your FMLA rights, examine your legal options for pursuing justice, and begin the journey to holding your employer to account.