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What is FMLA?
The Family and Medical Leave Act (FMLA) applies to covered employers, including private employers with 50 or more employees, public agencies, and public or private elementary and secondary schools. Eligible employees may take up to 12 weeks of unpaid, job-protected leave in 12 months for qualifying reasons
Understanding your rights under FMLA is essential when you or a loved one faces a serious health-related challenge. At Katz Melinger PLLC, we guide employees through these situations so they know what protections the law provides and how to assert those rights in the workplace.
The FMLA is a federal statute that allows eligible employees to take unpaid, job-protected leave for specific family and medical reasons. While it provides essential workplace protections, many workers feel uncertain about how the law applies to them, what qualifies as a “serious health condition,” and what an employer must do when an employee requests leave. Our employment lawyers clarify these rules and help ensure employers meet their legal obligations.
Federal FMLA Overview
The Family and Medical Leave Act gives employee leave rights when they have qualifying reasons, such as:
- A serious health condition that prevents the employee from performing essential job duties;
- Caring for a spouse, child, or parent with a serious health condition;
- The birth, adoption, or foster placement of a child;
- Certain military-related caregiving and exigency needs.
Under federal law, employers must maintain group health insurance during leave as if the employee were still working. When the leave period ends, employees must be reinstated to the same or an equivalent position. Most importantly, the FMLA prohibits retaliation against employees who request or use protected leave, a requirement employers frequently mishandle.
Taking Family Leave Shouldn’t Risk Your Job—New York Protections
When you need time off to care for a new baby, support a seriously ill family member, or address urgent family matters, you shouldn’t have to choose between your loved ones and your livelihood. New York law recognizes this and provides stronger protections than federal law to ensure you can take necessary family leave without losing your job or facing retaliation.
New York Paid Family Leave (PFL) goes beyond federal FMLA protections by offering you compensated time off (not just unpaid leave) when you need to bond with a new child, care for a seriously ill family member, or handle certain military-related family needs. This means you receive wage replacement while you’re away from work, helping you meet financial obligations during already stressful times. PFL also protects your job, guaranteeing that you can return to your position after your leave ends.
Importantly, New York Paid Family Leave may cover you even when federal FMLA doesn’t apply. If you work for a smaller employer not covered by FMLA, or if you don’t meet FMLA’s eligibility requirements, you may still qualify for PFL protections under New York law.
New York also enforces strict anti-retaliation rules protecting you from employer punishment for taking leave. When employers improperly deny your leave request, fail to restore you to your position when you return, reduce your hours or responsibilities, or treat you differently because you took protected leave, these actions violate your rights. You deserve legal advocacy that holds employers accountable for retaliation and protects your job security when you exercise your right to family leave.
New Jersey Leave Laws
New Jersey has its own Family Leave Act (NJFLA), which allows eligible employees to take up to 12 weeks of job-protected leave in 24 months to care for a family member with a serious medical condition or to bond with a new child. Unlike the federal FMLA, the NJFLA does not cover an employee’s own medical issues. However, employees may combine federal FMLA with NJFLA protections when situations overlap.
New Jersey also provides family leave insurance benefits, which offer partial wage replacement during qualifying leave. These additional protections often create questions about how state and federal leave laws interact. Our employment attorneys help employees understand which laws apply and ensure employers comply with each requirement.
Katz Melinger PLLC: Employment Lawyers Protecting Your Rights Under FMLA
Whether you are preparing for medical treatment, welcoming a child, or caring for a family member, you should not have to worry about losing your job. When employers deny legitimate leave, discourage employees from taking time off, or impose penalties for using protected leave, we work to enforce the law and protect your employment.
If you believe your FMLA rights were violated, call Katz Melinger PLLC at (212) 460-0047 or contact us online to discuss your situation.
The information provided should not be taken as legal advice. For the most current and thorough details, it is advisable to seek assistance from a legal professional by contacting a qualified attorney.
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