New York Family and Medical Leave Lawyers

Medical and family emergencies may occur many times over a worker’s lifetime. The Family and Medical Leave Act (FMLA) is a federal law that permits job-protected leave for employees to tend to medical conditions, the birth of a child, or a sick loved one. 

Not all employers understand their obligations under the FMLA, and you may need to enlist a lawyer to fully assert your rights. Arcé Law Group serves clients in New York, New Jersey, and Philadelphia. Let us help you fight for your rights under the FMLA if your employer fails to meet their legal obligations.

Call (866) 426-7182 or contact us online today to schedule a free consultation. We’ve been helping employees since 2011 with a number of strong reviews from past clients.

Rights Provided by the Family and Medical Leave Act

Under the FMLA, eligible employees of employers covered by the law are allowed to take 12 work weeks of leave for specific medical or family reasons. The leave is unpaid, but your job is protected during that time. This means that your employer may not terminate you or retaliate against you for requesting leave that qualifies under the FMLA.

When you come back, your employer is supposed to restore you to your position or an equivalent one that has equal pay and benefits. The employer does not need to allow benefits or seniority to accrue while you are gone. If an employer claims that a denial of restoration is necessary to stop a substantial and grievous economic injury to its operations, they are obliged to let you know so that you have a chance to come back.

You may be eligible for FMLA leave if: 

• You work for a covered employer. This includes all public agencies and private sector companies with 50 or more employees for at least 20 work weeks in the prior or current year.
• You worked for 1,250 hours during the 12 months before you wanted to take the first day of leave.
• You worked for your current employer for 12 months. These months need not be consecutive but must typically be completed within seven years unless you have a service break due to military obligations or collective bargaining.
• You work at a location where the employer has 50 or more employees within 75 miles. 

The reasons for which you may take FMLA leave include the birth of a child or caring for a newborn within one year of their birth, an adopted or foster child’s placement with you within one year of the placement, caring for a spouse, child, or parent with a serious health condition, or a medical or health condition that makes you unable to perform essential job duties.

You may also obtain this leave for qualifying exigencies due to your spouse, son, daughter, or parent being a covered military member on active duty. You may further get 26 work weeks of leave in a year to care for a covered service member who has been injured or gotten sick if you are that service member’s spouse, daughter, son, parent, or next of kin.