Speak With Our Team Today
212-460-0047
The Family and Medical Leave Act affords employees job protection when forced to miss work due to a serious medical condition or the serious medical condition of a family member. The FMLA also protects women who take leave to recover and bond with their infants after childbirth. Parents who adopt a child are also eligible for FMLA leave.
The FMLA is a complex law with numerous requirements for both employers and employees. If you have questions regarding your rights and obligations under the FMLA, the law firm of Katz Melinger PLLC can help. We represent employees and employers with FMLA issues throughout New York City, Nassau County, Suffolk County, Westchester County and its surrounding areas, as well as northern New Jersey.
Employees Have Legal Protections
The FMLA is a federal law that provides employees up to 12 weeks of unpaid leave if their employer has 50 or more employees. You do not have to take your leave all at one time. Under the FMLA, employers are prohibited from terminating you, demoting you or substantially reducing your pay because of leave you took that qualifies under the law.
Your employer cannot interfere with you taking leave allowed under the FMLA. In other words, an employer cannot pressure you, either directly or indirectly, to not take leave, nor can your employer retaliate in any way against you for taking FMLA leave.
Common Employer Violations of FMLA
Employers must follow the law and clearly inform their staff of their rights. When an employer fails to notify employees of their FMLA rights, it not only breaks the law but also harms the trust and safety of the workforce. A trusted FMLA attorney can help address issues when these important communications are lacking. In addition, an organization that ignores its duty to provide these details may face legal problems, leaving employees unsure of their protections.
Mistakes often occur when employers incorrectly decide who qualifies for FMLA leave. Misclassification of an employee’s eligibility can result in the wrongful denial of leave, leaving valued workers without the support they need during challenging times. Furthermore, any efforts to discourage or interfere with leave requests undermine the legal rights of staff. Working with an FMLA and employment attorney ensures that employees are well informed about the benefits and opportunities provided by the law.
Employers may themselves not be aware of their legal obligations to employees under the FMLA.
The following common actions may give rise to a legal claim for an FMLA violation:
- Reinstating an employee to a lesser position than he or she held before leave or a position that pays substantially less or provides fewer benefits
- Failing to notify an employee correctly of his or her rights
- Failing to continue health care coverage during an employee’s leave
- Requiring an employee to provide too much notice or information regarding intended leave or the reason for the leave
- Taking adverse employment action against an employee for taking FMLA leave, including disciplinary action, negative performance reviews based solely on leave or other actions, or termination of employment.
Retaliation Against Employees for Exercising FMLA Rights
Retaliation can come in many forms, such as demotions, reduced hours, or unfavorable job reassignments after taking FMLA leave. These actions disrupt an employee’s professional life and can have a lasting negative impact. Facing difficulties after using FMLA leave is not only unfair but may also lead to further complications at work.
The law clearly forbids adverse actions against those exercising their FMLA rights. When employees face negative repercussions after taking leave, it can quickly become a costly legal matter that adds stress to an already difficult situation. Prompt legal guidance is essential for understanding your rights and ensuring that proper steps are taken to secure fair treatment.
A conversation with an FMLA and employment attorney can provide clear guidance on whether any retaliatory behavior has occurred. In cases of potential retaliation, a skilled FMLA violation lawyer in New York is available to review the situation and protect every employee’s legal rights.
Legal Guidance For Employers
Businesses throughout New York City trust Katz Melinger PLLC with advisory and auditing services related to FMLA leave and policies. Employers who wish to limit liability risk should contact us for an exploratory consultation regarding our legal services. We provide both comprehensive review and drafting services to ensure that employers fully comply with FMLA requirements.
Employee Resources and Steps to Take if FMLA Rights Are Violated
It is important for employees to keep a record of any events that may indicate a violation of their FMLA rights. Detailed documentation, including dates, times, and descriptions, will help build a solid case if you need to take further action. This written record is useful when you consult with an FMLA attorney who can guide you through your options.
To make the process clearer, consider these key steps if you believe your rights have been violated:
-
Document the incident: Record dates, times, and a clear description of what occurred.
-
File a complaint: Reach out to the Department of Labor’s Wage and Hour Division to report the issue.
-
Seek legal counsel: Consult with an FMLA attorney to understand your rights and next steps.
Taking these actions promptly can strengthen your position and help protect your employment rights.
Speak To One Of Our Knowledgeable Attorneys
We understand how important it is to have clear guidance when your workplace rights are at risk. Our team is committed to providing straightforward advice without unnecessary complications. We are here to ensure that the issues you face are handled with care and attention. For those seeking a resolution, knowing your rights and getting the help you need is a vital step forward. By reaching out to a trusted FMLA violation lawyer in New York, you can feel confident that your situation is in capable hands.
Choosing the right legal representation can make all the difference in your case. We focus on clear communication and practical strategies to help you move forward with confidence. When challenges arise, a reliable legal partner can provide support and clear direction, empowering you to address these issues without worry.
Call us at 212-460-0047 or reach us confidentially online.
Schedule Your Consultation Today
To schedule a free consultation with an attorney please fill out the form below or call our legal team today!
Fields marked with an * are required
"*" indicates required fields
