Queens Family and Medical Leave Act Lawyer

Have you:

Been fired, demoted, or otherwise treated unfairly at work for taking family leave?

Been denied from taking an extended medical leave?

Felt discriminated against or retaliated against for requesting family medical leave?

Suffered financially or emotionally due to your employer's actions regarding your medical leave?

Been denied job protection or reinstatement after taking a leave for medical reasons?

Been denied the proper use of intermittent leave for a chronic medical condition?

Been denied any of your rights under the Family and Medical Leave Act (FMLA)?

If you answered yes to any of these questions, you may have a case under the Family and Medical Leave Act (FMLA). Nolan Klein is ready to take on your case and fight for your rights.

Call +1 877.253.5406 or fill out our online form to schedule a consultation.

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. These reasons include:

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

The care of a spouse, child, or parent with a serious health condition

The employee's own serious health condition that prevents them from performing their job duties

Any qualifying exigency related to a family member's military service

The employee's own or their family member's serious injury or illness incurred while on active duty in the military

The employee's own or their family member's condition related to the deployment of a military member

This law applies to all public agencies, which includes state, federal, and local employers, as well as private sector employers who have 50 or more employees within a 75-mile radius.

The FMLA offers up to 26 weeks of unpaid, job-protected leave for those employees who are tasked with caring for a covered service member battling a serious injury or illness. It also permits intermittent leave in specific scenarios, such as chronic medical conditions.

How Do I Apply for FMLA in Queens, New York?

The process for applying for FMLA in Queens, New York is as follows:

Determine if you are eligible for FMLA by meeting the requirements listed above.
Notify your employer of your need for leave as soon as possible, providing enough information to determine if it falls under FMLA regulations.
Your employer should provide you with a notice of eligibility and rights & responsibilities within five business days of requesting leave.
Complete and return any necessary certification forms, such as medical certifications for your or a family member's serious health condition
Your employer may require you to use accrued paid time off (PTO) during your FMLA leave, so be sure to discuss this with them beforehand.
Maintain communication with your employer throughout your leave, providing updates on your status and expected return date.
Upon returning to work, you must be reinstated to the same or an equivalent position with the same pay, benefits, and terms and conditions of employment.

Not all employers in Queens, New York are required to provide FMLA leave. Some smaller private-sector employers may be exempt, so it is best to check with your employer or the Department of Labor for further information.

Qualifying for FMLA does not guarantee job security, as there are certain situations in which an employer may terminate an employee while on leave. These include layoffs or downsizing that would have affected the employee even if they were not on leave, failing to meet performance standards prior to requesting leave and fraudulent use of FMLA.

Queens FMLA Violation Complaints

If your rights under the Family and Medical Leave Act (FMLA) have been violated, the first step is to file a complaint with the Wage and Hour Division of the U.S. Department of Labor. This can be done in person at a local Wage and Hour Division Office or via mail. Your complaint should include detailed information about your employer, your job role, the nature of the alleged violation, and the date(s) of the violation. It's also crucial to keep copies of all communications regarding your FMLA leave, such as email correspondence, and any medical documents or certifications.

After your complaint has been filed, the Wage and Hour Division will review and investigate your claim. This process may involve interviewing you, your employer, and other potential witnesses, as well as reviewing any related documents. If a violation is found, the Department of Labor may take necessary actions to ensure compliance, including recovering back wages, promoting reinstatement, and even seeking civil monetary penalties. It's important to note that FMLA prohibits employers from retaliating against employees who exercise their rights under the Act, including filing a complaint or participating in legal proceedings.

Family and Medical Leave Act Lawsuits

In addition to filing a complaint with the Wage and Hour Division, employees may also choose to file a lawsuit against their employer for violating their rights under FMLA. This can be done through either federal or state court, depending on the specific circumstances of the case. Queens residents who are considering filing an FMLA lawsuit should seek legal counsel from an experienced Queens FMLA attorney in order to understand their rights and options.

In a lawsuit, employees may seek damages for lost wages, benefits, and other compensation as a result of the employer's violation. They may also seek reinstatement or promotion if they were wrongfully terminated or demoted due to taking FMLA leave. If an employee is successful in their lawsuit, the court may also order the employer to cover their FMLA attorney fees and court costs.

The statute of limitations for filing an FMLA lawsuit is two years from the date of the alleged violation, or three years if the violation was willful. This means that employees must act within this time frame in order to have their case heard by the court. It's important for employees to keep accurate records and documentation of any incidents related to their FMLA rights, as this evidence can be crucial in building a strong case.

Talk FMLA Attorney serving Queens client Nolan Klein Today

Nolan Klein, has extensive experience representing employees in lawsuits. He understands the complexities of the law and is dedicated to fighting for the rights of his clients. If you believe your employer has violated your rights under the Family and Medical Leave Act, contact Nolan Klein today for a consultation. He will carefully review your case and provide you with expert legal guidance to help you understand your options and protect your rights.