Understanding FMLA Violations

New York FMLA Violations Attorney

Family and Medical Leave Act (FMLA) Violations

Under the Family Medical Leave Act (FMLA), you are entitled to twelve weeks of unpaid leave and the right to return to a similar position in terms of pay, benefits, and working conditions.

Examples of qualifying reasons for taking leave are:

• Personal serious illness;
• A seriously ill or disabled family member who needs your care;
• Birth of a new baby, including adoption and foster placement;
• Intermittent doctor’s visits, injections, dialysis, or other care for chronic or serious illness.

If your employer fires or penalizes you in any way, (including denying a bonus, passing you over for promotion, or downgrading your performance review), for requesting or taking your FMLA leave you can seek legal recourse. Learn more…

To be eligible under the FMLA, the employer you work for must have 50 or more employees within 75 miles of their place of employment or be a public agency.  The employee must also have 1,125 hours of work for the employer within a year and worked for the employer for one year.  If you quality for FMLA benefits and are being denied them, you have the right to take action against your employer.

You might have an FMLA violation if you're asking:

What should I do if I have been wrongfully terminated because of my disability?

What should I do if I have been wrongfully terminated because I am pregnant?

What should I do if I have been wrongfully terminated because I have a pregnancy-related medical condition?

What should I do if I have been wrongfully terminated because I have a serious medical condition?

FMLA Violations and Medical Conditions

You may also have a claim for disability discrimination if you have a medical condition and your employer fires you or fails to provide you with medical leave or other accommodations.  In fact, unlike the FMLA, virtually any medical condition, including minor conditions — sprains, breaks, and even the common cold — are covered medical conditions under anti-discrimination laws.  Discriminating or retaliating against an individual with a protected medical condition is illegal under the Americans with Disabilities Act (ADA), and New York State and New York City laws offer even stronger protections for workers with medical conditions.

Contact Us

Many companies resent employees who exercise their right to unpaid leave under the FMLA, despite policies to the contrary.  Unpaid leave, while a necessity, causes business disruption that angers managers.  Frequently, that anger is taken out on the employee, leaving you retaliated against or worse, jobless.  If you think you may be the victim of a FMLA violation, don’t hesitate to contact us today for a free case consultation to discuss your needs in detail by calling (646) 430-7930 or visit our office in Brooklyn, New York. We are happy to assist you.