Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) is a federal law that allows an employee to take up to 12 weeks of unpaid leave due to illness or to care for a sick family member. FMLA ensures that you are able to take extended leaves of absence from work to due to illness or to care for a sick family member. The FMLA attorneys of Risman & Risman, P.C. have years of experience in aggressively litigating actions on behalf of employees who have been aggrieved based on their employer’s violation of FMLA.

Protections afforded by FMLA:

•Covered employers must grant an eligible employee up to a total of 12 weeks’ worth of unpaid leave during any 12-month period to care for yourself or an immediate family member (spouse, child or parent) with a serious health condition. The Act also covers child birth.

•At the end of the leave, when the employee returns to work, the employee must be restored to the same position. If that same position is unavailable, the employer must provide the worker with a position that is substantially equal in pay, benefits and responsibility.

•The employee’s benefits are protected in that they are to continue even while the employee is on leave. And upon returning to work, an employee is entitled to reinstatement to all benefits that the employee was receiving before going on leave.

•Protection of the employee to not have their rights under the Act denied or interfered with by an employer is granted by FMLA.

•An employee is protected from retaliation by an employer for exercising his or her rights granted under FMLA.

Common FMLA violations include retaliation for taking family medical leave or the unlawful denial of family medical leave. In addition, an employer cannot subject you to retaliation for taking FMLA time when you come back. For example, your employer cannot reduce your wages or deny you a promotion after you come back because you were entitled to take sick leave covered by FMLA.

Contact a Seasoned and Qualified FMLA Attorney

Since 1993, when FMLA was enacted, the attorneys of Risman & Risman, P.C. have helped countless employees subjected to retaliatory discrimination because they have asked for or taken leave covered by FMLA, and we will fight for your protected rights in New York to ensure that injustice is stopped.

The FMLA attorneys of Risman & Risman, P.C. are eager to help and discuss your concerns with you. There is no charge for the consultation. Please feel free to call us at (212) 233-6400 or contact us online.