Speak with Filippatos PLLC About Protected Leave Interference and Retaliation
Filippatos PLLC in White Plains, NY is a team of employee rights lawyers with nearly 30 years of experience in all aspects of employment law. Employees in New York are eligible to take time away from work to tend to their own health or assist family members requiring medical attention under the Family Medical Leave Act (FMLA). Under this law, employers cannot fire or take action against employees requiring leave for various circumstances. If your employer is interfering with your right to take protected leave or making things difficult upon your return, contact us for a free consultation today.
Staunch Defense of Employee Rights
As your employment lawyer, we can assist you in all aspects leading up to and returning from any leave you take during the FMLA process. An employer might not tell you, though it is their obligation to do so, that you have the right to take FMLA once you give the company a qualifying reason. FMLA protects your job for a 12-week unpaid absence. The 12 weeks do not have to be taken all at once, and it is up to the employee to decide how to use the leave. Regardless of the situation, employees are protected from an employer interfering with an attempt to take FMLA for any qualifying reason and retaliation upon an employee’s return, such as a demotion, unfair treatment, hostile work environment, or reduced pay. Reasons to take time away from work protected by FMLA include:
- The birth of or caring for a newborn child
- Adoption or placement of a foster child with the employee
- Caring for a spouse, child, or parent who has a serious health condition
- Medical leave for one’s own serious health condition, including surgeries
Our Team Is Here to Help Protect You and Your Family’s Rights
Our attorney employment law advocates are passionate about helping those who feel they have nowhere to turn when employers put corporate needs above personal and family health matters. No job is more important than taking care of yourself and your loved ones. We are part advocate to ensure your rights are protected, part educator to ensure you know what your rights are, and part guardian to protect you from unfair and illegal practices your employer may try. You are not required to state to an employer you are “taking FMLA.” You are simply required to provide a qualifying reason you will be out of work. You need to give practicable notice. However, there is no minimum amount of time stated other than as soon as you know you will be out, and an employer cannot require a certain amount of notice.
Other Rights Protected To Take Leave
FMLA isn’t the only law protecting employees from employer retaliation or penalty when a leave of absence is required for a health reason. These are other categories that entitle employees to take a break when needed.
- Americans With Disabilities Act (ADA) – Employers are required to make accommodations for employees with disabilities. Because of this, a short medical leave can fall under ADA.
- Temporary Disability Program – New York state has a temporary disability program so employees can earn up to half their salary if they’re temporarily unable to work due to a disability.
- Earned Sick Time Act – If you work for an employer with five or more employees, they must provide employees with up to 40 hours of paid sick time per year. Companies with less than five employees must offer 40 hours of unpaid sick time. Both of these fall under the Paid Sick Leave Law.
Free Consultations With an Employment Law Attorney
Employment laws are complicated, and challenging your employer about your rights may seem intimidating. At Filippatos PLLC, we work with clients every step of the way to help them understand employee leave rights in White Plains, NY and advise on the best course of action. Our entire practice is dedicated to resolving employment disputes and protecting individuals during their time of employment. Contact us today to schedule a free consultation.