New York City Family Medical Leave Act (FMLA) Lawyer

Your job is protected under the Family and Medical Leave Act (FMLA) of 1993, which guarantees up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. If you believe your rights have been violated, it is important to seek help from an experienced FMLA lawyer assisting people in New York City.

Nolan Klein 's 15+ years of experience in this field have given him an extensive knowledge of the complex laws and regulations surrounding FMLA. He has successfully represented clients in claims alleging discrimination, retaliation, or denial of their rights under the Family and Medical Leave Act.

Call +1 877.253.5406 today to schedule a consultation with Nolan Klein and discuss your situation.

Understanding Your Rights Under FMLA

The Family and Medical Leave Act provides eligible employees with the right to take up to 12 weeks of job-protected leave for specific family and medical reasons. These may include:

The birth, adoption, or foster care placement of a child.

Caring for a spouse, child, or parent with a serious health condition.

A serious health condition that makes the employee unable to perform their job.

Qualifying exigencies arising from a spouse, child, or parent being on active duty in the military.

Caregivers leave for a spouse, child, or parent who is a covered service member with a serious injury or illness.

FMLA only applies to employers with 50 or more employees within a 75-mile radius, and the employee must have worked for the company for at least 12 months and at least 1,250 hours in the previous year.

What Qualifies as a "Serious Health Condition"?

A serious health condition under FMLA is defined as an illness, injury, impairment, or physical or mental condition that requires inpatient care or continuing treatment by a healthcare provider. This can include chronic conditions and conditions that require multiple treatments.

Pregnancy alone does not qualify as a serious health condition unless there are complications that require inpatient care or continuing treatment. A New York Family and Medical Leave Act lawyer can help you determine if your condition qualifies for FMLA protection.

Retaliation Protections

Employers are prohibited from retaliating against employees for taking FMLA leave or exercising their rights under the law. This includes firing, demoting, or otherwise discriminating against an employee who takes FMLA leave.

Should an employer retaliate against an employee for taking FMLA leave, the employee is entitled to file a complaint with the U.S. Department of Labor or file a lawsuit to enforce their rights.

Applying for an FMLA Leave in New York City

To apply for FMLA leave, an employee must provide their employer with at least 30 days’ notice if the need for leave is foreseeable. If the leave is not foreseeable, they must give notice as soon as possible. The employee may be required to provide medical certification of their condition or a family member’s condition in order to qualify for FMLA leave. If the event is not foreseen, the employee must provide certification within 15 days of the employer’s request.

Family and Medical Leave Act Complaints and Forms in New York City

If you feel that your rights under the FMLA have been violated, you can file a complaint with the U.S. Department of Labor's Wage and Hour Division (WHD). You must file your complaint within two years of the alleged violation.

You can also fill out an FMLA complaint form online or submit it by mail to your nearest WHD office. The form will ask for details about your employer, the nature of the violation, and any documentation supporting your claim. The WHD will then investigate your complaint and take appropriate action to remedy the situation. Employers found in violation of the FMLA may be required to provide back pay, reinstate the employee, or take other corrective actions.

FMLA Lawsuits in New York City

If necessary, a lawsuit can be filed against your employer for damages including lost wages, benefits, job reinstatement, and other compensatory damages.

The grounds for an FMLA lawsuit in New York City include:

An employer’s failure to grant FMLA leave when the employee is eligible.

Denying reinstatement after the employee returns from FMLA leave.

Interfering with an employee's right to take FMLA leave or exercise their rights under the law.

Retaliating against an employee for taking FMLA leave or exercising their rights under the law.

An experienced FMLA lawyer in New York city can help you navigate the legal process and fight for your rights under the law.

Why You Need a New York City Family and Medical Leave Act Lawyer

Navigating the FMLA can be complex, and employers may try to deny or limit an employee’s rights. A Family and Medical Leave Act lawyer serving New York City clients can help you understand your rights under the law and ensure that your employer is following all applicable regulations.

Another role of a Family and Medical Leave Act attorney is to assist you in filing a complaint or lawsuit if your employer has violated your rights under the law. They can also help negotiate settlements or represent you in court to ensure that you receive the necessary protections and benefits under the FMLA.

In addition, an FMLA attorney can provide guidance on other relevant laws and regulations that may apply to your situation, such as disability discrimination or workers' compensation laws. They can also help you understand the process of applying for FMLA leave and assist in gathering necessary documentation.

Talk to FMLA Attorney Nolan Klein

Don't let your employer deny you the benefits and protections you are entitled to under the FMLA. Contact experienced Family and Medical Leave Act attorney serving clients in New York City, Nolan Klein, for a case assessment, consultation, and representation today. He will fight for your rights and ensure that you are treated fairly under the law.