FAMILY & MEDICAL LEAVE ACT Lawyer IN NEW YORK 

UNDERSTANDING YOUR RIGHTS AND BENEFITS

ASSERTIVE REPRESENTATION FOR YOUR EMPLOYMENT LAW CASE 

When personal issues arise, employees need time off work. Under federal law, employees have the right to unpaid leave under certain circumstances. Unfortunately, not every employer respects these laws.

Employees who believe their rights under the FMLA have been violated can file FMLA claims to seek remedies and protect their rights.

If you have been denied leave, removed from your position, or terminated from your employment because of a personal matter in your life, your employer may have violated the Family and Medical Leave Act (FMLA). Contact the law firm of Mark David Shirian P.C. Our New York FMLA attorney is prepared to help you recover the lost pay and benefits to which you are entitled.

Call (212) 931-6530 or contact us online today to schedule your case evaluation with an experienced employment law attorney.

ELIGIBILITY FOR FAMILY AND MEDICAL LEAVE

The Family and Medical Leave Act (FMLA) only applies to certain employees. In order to be covered by FMLA, you must meet a few key requirements.

First, you must work for a covered employer. This includes all federal, state, and local employers, as well as schools. It also includes private employers who employ 50 or more employees for at least 20 workweeks during the year.

Second, you must work at least 12 months and at least 1,250 hours during that period prior to taking leave. Third, the employee’s job must take place at or within 75 miles of a location where at least 50 employees work.

Finally, you are only entitled to take time off work for specific reasons.

You may be granted leave under the FMLA if you:

• Have a serious medical condition
• Have a serious health condition that makes the employee unable to perform their job duties
• Need to care for an immediate family member who has a serious medical condition
• Give birth to a child and need to care for that child
• Adopt a child and need to provide the subsequent required care
• Have an urgent need for time off due to the military deployment of your spouse, son, daughter, or parent to a foreign country

WE CAN FIGHT TO PROTECT YOUR RIGHTS

If you qualify for the protections offered under FMLA, it is unlawful for your employer to interfere with you exercising your rights, including returning to the same or her job after leave. If you believe that your employer has violated your rights, turn to the law firm of Mark David Shirian P.C. for the assertive representation you deserve.

Discuss your case with a New York Family and Medical Leave Act lawyer today by calling (212) 931-6530.

QUALIFYING REASONS FOR FMLA LEAVE

To qualify for FMLA leave, an employee must meet specific criteria. The FMLA provides leave for the following reasons:

• The birth or adoption of a newborn child.
• To care for an immediate family member (spouse, child, or parent) with a serious health condition.
• To care for the employee’s own serious health condition that makes them unable to perform their job duties.
• To care for a covered military member with a serious injury or illness.
• To care for a covered military member who is recovering from a serious injury or illness.

A serious health condition is defined as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Examples of serious health conditions include:

• Pregnancy complications.
• Chronic conditions such as diabetes or asthma.
• Mental health conditions such as depression or anxiety.
• Injuries or illnesses that require surgery or hospitalization.

Understanding these qualifying reasons ensures that employees can determine if they are eligible for FMLA leave and take the necessary steps to secure their job-protected leave.

ENSURING YOU MEET THE CRITERIA

NOTICE REQUIREMENTS FOR FMLA LEAVE

To take FMLA leave, an employee must provide their employer with proper notice. The notice requirements vary depending on the reason for the leave. For example:

• For the birth or adoption of a newborn child, the employee must provide at least 30 days’ notice, if possible.
• For a serious health condition, the employee must provide as much notice as possible, but no less than 30 days.
• For a covered military member, the employee must provide as much notice as possible, but no less than 30 days.

The employee must also provide their employer with a certification from a healthcare provider to support their request for FMLA leave. The certification must include:

• A statement that the employee has a serious health condition that makes them unable to perform their job duties.
• A statement that the employee needs to take leave to care for an immediate family member with a serious health condition.
• A statement that the employee needs to take leave to care for a covered military member with a serious injury or illness.

Failure to provide proper notice or certification may result in denial of FMLA leave or other adverse employment actions. By understanding and adhering to these notice requirements, employees can ensure their FMLA leave is granted and their job is protected.