New York Leave and Accommodation Violations Lawyer

When an employer denies a leave request, refuses to make a reasonable adjustment for a disability or medical condition, or retaliates against a worker for asserting either right, the consequences reach into every part of that person’s life. Lost income, health setbacks, and job insecurity do not stay at work, but follow you home. The law exists precisely to prevent this, and employers who fall short of their obligations can be held accountable. Our employment lawyers at Katz Melinger PLLC can assess your situation. Contact us today at (212) 460-0047.

How Katz Melinger PLLC Handles Leave and Accommodation Claims

At Katz Melinger PLLC, we are an employment law and civil litigation practice representing employees and individuals throughout New York and New Jersey. Our team has spent years working through the overlapping frameworks of federal and state leave law, and we bring that depth to every case we take on. We know this area of law is technical, and what looks like a minor procedural misstep by an employer can be the foundation of a strong claim, and we work carefully to identify every angle.

From the first conversation, we stay in close contact, return calls promptly, and walk you through your options clearly, including the realistic outcomes and risks of each path. We help clients in the following ways:

• Case evaluation: Reviewing your employment records, communications, and timeline to determine whether your employer violated state or federal leave or accommodation obligations.
• Agency complaints: Preparing and filing charges with the U.S. Equal Employment Opportunity Commission (EEOC) or the New York State Division of Human Rights on your behalf.
• Negotiation and settlement: Engaging directly with your employer or their legal team to pursue fair compensation without unnecessary delay.
• Litigation: Bringing claims in the U.S. District Court for the Southern District of New York or the New York State Supreme Court when resolution outside court is not possible.
• Retaliation defense: Moving quickly if your employer takes adverse action against you for requesting leave or an accommodation.

There are Federal, New York State, New York City, and New Jersey Protections

Leave and accommodation rights are built from multiple overlapping bodies of law. Employees in New York and New Jersey are often covered by more than one framework simultaneously, and the distinctions between them matter when assessing which claims to pursue and how.

Federal Protections

Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act gives eligible employees the right to up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. To be eligible, you must work for an employer with at least 50 employees within a 75-mile radius, have worked for that employer for at least 12 months, and have logged at least 1,250 hours during the prior 12 months. Covered situations include:

• Serious health condition preventing you from performing your job
• Leave to care for a spouse, child, or parent with a serious health condition
• Parental leave following a birth, adoption, or foster placement
• Military caregiver leave of up to 26 weeks to care for a covered service member with a serious injury or illness

Employers covered by the FMLA may not fire, demote, or otherwise penalize an employee for taking leave they are legally entitled to.

Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) requires employers with 15 or more employees to provide reasonable accommodations to qualified individuals with disabilities, unless doing so would impose an undue hardship. The ADA covers the full employment relationship, from hiring through termination, and prohibits retaliation against any worker who requests an accommodation. Common accommodations include:

• Modified schedules, adjusted start times, or flexible break arrangements
• Ergonomic equipment, accessible workstations, or workspace relocation
• Reassignment of non-essential duties or transfer to a vacant position
• Additional unpaid leave beyond FMLA as an accommodation to support return to work

Rehabilitation Act of 1973

The Rehabilitation Act of 1973 predates the ADA and applies to federal agencies, federal contractors, and organizations receiving federal financial assistance. It prohibits disability-based discrimination and requires reasonable accommodations under standards that closely mirror those of the ADA. If you work for a federal agency or a federally funded institution in the New York City metro area, this statute may be the primary law governing your accommodation rights.

New York State: The New York State Human Rights Law (NYSHRL)

The New York State Human Rights Law (NYSHRL) applies to all private employers in New York State, regardless of size, covering workers that the federal ADA leaves out. Individual supervisors and managers can be held personally liable under the NYSHRL, which is a significant distinction from federal law. Punitive damages are also available, giving employees additional leverage that does not exist under the ADA or FMLA.

New York City: The New York City Human Rights Law (NYCHRL)

The New York City Human Rights Law (NYCHRL) applies to employers with four or more employees and sets a higher bar than both federal and state law. The NYCHRL’s “cooperative dialogue” requirement is more active and ongoing than the interactive process required under the ADA or NYSHRL. Employees covered by the NYCHRL can bring claims directly in court or through the NYC Commission on Human Rights, and courts interpret the law more broadly in favor of employees than their federal or state counterparts.

New Jersey: The New Jersey Law Against Discrimination (NJLAD)

The New Jersey Law Against Discrimination (NJLAD) covers all employers in New Jersey regardless of size. Its most significant procedural distinction is that employees do not need to file an administrative complaint before going to court. Under federal law and many state frameworks, claimants must exhaust administrative remedies through the EEOC or a state agency before filing suit. The NJLAD bypasses that requirement entirely, which can meaningfully affect both strategy and how quickly a case moves forward.

What Counts as a Reasonable Accommodation?

A reasonable accommodation is any modification to the work environment, job duties, or workplace policies that allows a qualified employee with a disability or medical condition to perform their role. The right accommodation depends entirely on the individual and the position. Examples include:

• Modified schedules or reduced hours
• Remote work arrangements
• Reassignment to a vacant position
• Ergonomic furniture or assistive technology
• Additional unpaid leave for medical treatment or recovery
• Removal of non-essential job functions
• Reserved parking closer to the building entrance

You do not need to use specific legal language or submit a formal written request to trigger your employer’s obligations. Notifying your supervisor or HR that you need a change due to a medical condition is generally enough to begin the process.

New York’s Paid Prenatal Leave Law

New York State’s Paid Prenatal Leave Law took effect on January 1, 2025. It requires all private-sector employers in New York State, regardless of size, to provide pregnant employees with 20 hours of paid leave per 52-week period for prenatal healthcare appointments and related services. Employees are eligible from their first day of work, and the leave is separate from sick leave, paid family leave, and any other leave benefit. Employers who deny this leave or retaliate against an employee for using it may face legal liability.

What You Can Recover

When an employer violates your leave or accommodation rights, several forms of relief may be available. Katz Melinger PLLC evaluates every available theory of recovery to pursue the strongest outcome your case supports:

• Back pay and benefits: Cover wages, health insurance premiums, retirement contributions, and bonuses lost because of a wrongful termination, demotion, or reduction in hours tied to a leave or accommodation request.
• Reinstatement: This can restore you to your former position or an equivalent role with the same pay, benefits, and seniority. Courts order this remedy in FMLA cases to make clear that employers cannot eliminate a position to avoid reinstating an employee.
• Compensatory damages: These cover harm beyond lost wages, including emotional distress and mental anguish, loss of enjoyment of life, damage to professional reputation, and out-of-pocket costs related to the violation.
• Accommodation enforcement: This happens through the New York State Division of Human Rights or the EEOC’s New York District Office, which can compel your employer to provide the accommodation originally requested or an equally effective alternative, and may include penalties for continued noncompliance.
• Attorney fees: Fee-shifting provisions in many federal and state employment statutes allow prevailing plaintiffs to recover litigation costs from their employer, so a valid claim should not be abandoned because of financial concerns.

Deadlines for Filing a Leave or Accommodation Claim

The window to act on a leave or accommodation violation depends on which law applies and where your claim is filed. Missing a deadline can bar a claim entirely, regardless of its merits.

Under the FMLA, a lawsuit must be filed within two years of the last violation. That window extends to three years if the violation was willful. The clock starts from the date of the employer’s last unlawful act, not the date the employee learned of the violation.

For ADA claims, the EEOC charge deadline is 300 days from the discriminatory act in states where a state or local agency enforces a comparable anti-discrimination law, which applies to employees in both New York and New Jersey. After receiving a Notice of Right to Sue from the EEOC, a claimant has 90 days to file a lawsuit in federal or state court.

Under the NYSHRL, as of February 15, 2024, the statute of limitations for filing an administrative complaint with the New York State Division of Human Rights is three years. The deadline for filing directly in court under the NYSHRL is also three years. Under the NYCHRL, the deadline for filing a civil action in court is also three years, while a complaint with the New York City Commission on Human Rights must be filed within one year of the alleged discriminatory practice. 

Under the NJLAD, employees have two years from the discriminatory act to file a lawsuit in court. A complaint filed with the New Jersey Division on Civil Rights must be submitted within 180 days of the act. 

These deadlines can run concurrently when claims arise under multiple frameworks, and the choice of forum affects both strategy and timing. An attorney can help identify which deadlines apply and which path gives your claim the strongest foundation.

FAQ: Leave and Accommodation Violations in New York

What Is an Undue Hardship?

Undue hardship is a defense employers may raise to argue that a requested accommodation would be too costly or disruptive to provide. Courts evaluate it based on the employer’s size, overall financial resources, the nature of the business, and the specific accommodation requested. What may constitute an undue hardship for a small business will not necessarily qualify for a large corporation with substantial resources.

What Happens If an Employer Refuses to Engage in the Interactive Process? 

An employer who refuses to participate in the interactive process or acts in bad faith may face independent liability under federal and state law. Under the NYCHRL, this obligation goes further as a “cooperative dialogue” with specific, enforceable requirements. A good-faith process should involve a discussion of your specific limitations, identification of potential accommodations, and a genuine assessment of each option. Refusing to engage at all, or going through the motions without meaningful participation, can itself be the basis for a claim.

What Protections Apply If My Employer Has Fewer Than 15 Employees?

Federal law requires employers to have at least 15 employees before the ADA applies. If your employer is smaller, you may still have strong claims. The NYSHRL covers all private employers in New York, regardless of size, and the NJLAD covers all employers in New Jersey. These laws impose accommodation obligations comparable to those under federal law and allow for personal liability against individual supervisors.

Contact Our Employment Attorneys at Katz Melinger PLLC

A denied leave request or refused accommodation can upend your income, your health, and your career trajectory. The legal frameworks protecting you are detailed, and the window to act is not unlimited.

Call Katz Melinger PLLC at (212) 460-0047 or reach out online to speak with our New York leave and accommodation violations lawyers about your situation. We represent employees and individuals across New York and New Jersey, and we are prepared to evaluate your claim and map out your options from the first call.

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.