Protected Leave

What is Protected Leave in New York?

Employees in New York can take time away from work to tend to their health or assist family members requiring medical attention under the Family Medical Leave Act (FMLA).

Under this law, employers cannot fire or act against employees requiring leave for various circumstances.

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, as well as 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

As your protected leave attorney, we can assist you in all aspects leading up to and returning from any leave you take during the FMLA process.

Although it is their obligation to do so, an employer might not tell you that you have the right to take FMLA once you give the company a qualifying reason.

We Are Here to Protect You and Your Family’s Rights

At Filippatos PLLC, we are passionate about helping those who feel they have nowhere to turn when employers put corporate needs above personal and family health matters.

Whether it be as your maternity leave lawyer, military leave lawyer, or any other protected leave category you may fall under, we are here to help.

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 tell your 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 is not 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 must 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 fall under the Paid Sick Leave Law.

Filippatos PLLC is Dedicated to Protecting You Against Protected Leave Status Interference

If you are facing an issue at work regarding your protected leave status, please do not hesitate to contact us. We are based in New York City but serve throughout New York, including the Greater Tri-State area of New Jersey and Connecticut, as well as Florida.

At Filippatos PLLC, we believe all individuals—from factory workers to boardroom executives—are entitled to fair pay and a workplace free from discrimination, harassment, and retaliation.

Our team of experienced NYC protected leave lawyers will fight hard to secure you the dignity, respect, and justice you deserve.

Please give us a call at 888-9-JOBLAW, fill out our online form, or schedule a free Zoom consultation so we may discuss the details of your case.

We are committed to finding a compassionate, innovative, and successful solution that is right for you.