The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 workweeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons, including your own serious health condition, caring for a spouse, child, or parent with a serious health condition, and leave related to the birth or placement of a child through adoption or foster care.

The attorneys at Risman & Risman, P.C. enforce FMLA rights for New York employees whose employers deny leave, interfere with their rights, or retaliate for taking protected time off.

Eligible employees may take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for a qualifying reason, including birth and bonding, adoption or foster placement, your own serious health condition, or caring for a spouse, child, or parent with a serious health condition.

Employers may not interfere with FMLA rights or retaliate against employees for taking or requesting FMLA leave. Examples of retaliation include termination, demotion, cutting hours, or denying promotions because you used FMLA.

At the end of leave, you must be restored to the same job or an equivalent job with the same pay, benefits, and terms. A narrow “key employee” exception can apply for certain highly paid employees, which employers must identify and provide notice of in advance.

Group health insurance must continue during FMLA leave on the same terms as if you had continued working. Employers can require you to keep paying your normal share of premiums.

Typical violations include denying eligible leave, discouraging or interfering with its use, and retaliating for taking or requesting leave. Retaliation can include firing, demotion, reduced hours, loss of pay, or denial of a promotion because you used FMLA.

Since the FMLA’s enactment in 1993, Risman & Risman, P.C. has represented New Yorkers who were denied leave or retaliated against for using it. If you believe your rights were violated, we are here to help.