Family and Medical Leave Issues

Protecting Your Family and Medical Leave Rights in New York

The Family and Medical Leave Act (FMLA) provides essential protections for employees who need time away from work for serious health conditions or family caregiving responsibilities. Unfortunately, some employers interfere with these rights or punish employees for using them. At Dolce Law PLLC, we vigorously represent New York employees whose FMLA rights have been violated through interference or retaliation.

Understanding Your FMLA Rights

The FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. To be eligible, you must:

• Work for a covered employer (private employers with 50+ employees, public agencies, schools)
• Have worked for the employer for at least 12 months
• Have at least 1,250 hours of service during the previous 12 months
• Work at a location where the employer has 50+ employees within 75 miles

Qualifying Reasons for FMLA Leave

Protected FMLA leave includes:

• Birth, adoption, or foster placement of a child (within one year)
• Serious health condition that makes you unable to perform your job
• Caring for an immediate family member (spouse, child, parent) with a serious health condition
• Qualifying exigencies related to a family member’s military deployment
• Military caregiver leave (up to 26 weeks) to care for a service member with a serious injury or illness

What Constitutes FMLA Interference?

FMLA interference occurs when an employer prevents or discourages you from exercising your FMLA rights. Common examples include:

• Denying valid FMLA leave requests
• Discouraging employees from taking FMLA leave
• Failing to notify employees about FMLA eligibility and rights
• Requiring excessive documentation beyond what the law permits
• Contacting employees excessively during FMLA leave
• Assigning unmanageable workloads before or after leave
• Delaying approval of legitimate FMLA requests
• Misclassifying absences to avoid FMLA protection
• Manipulating work hours to prevent FMLA eligibility
• Failing to maintain health benefits during FMLA leave
• Not reinstating employees to the same or equivalent position after leave

What Constitutes FMLA Retaliation?

FMLA retaliation occurs when an employer takes negative action against you for exercising your FMLA rights. Common examples include:

• Termination shortly after requesting or taking FMLA leave
• Demotion or reduction in responsibilities
• Negative performance reviews after FMLA leave
• Schedule changes or undesirable assignments
• Reduced hours or pay
• Increased scrutiny or micromanagement
• Exclusion from meetings, training, or opportunities
• Hostile comments about FMLA usage
• Counting FMLA leave in attendance policies
• Promotion denials citing absences protected by FMLA

FMLA Protections in New York

While the FMLA is a federal law, New York provides additional leave protections:

• New York Paid Family Leave (PFL) offers up to 12 weeks of paid leave for family care
• New York State Disability Benefits provide partial wage replacement for your own illness
• NYC Earned Safe and Sick Time Act provides additional paid sick leave
• New York Human Rights Law may provide additional protections in certain circumstances

Understanding how these laws work together is crucial to maximizing your leave rights and protections.

Warning Signs of FMLA Violations

Watch for these red flags that may indicate FMLA violations:

• Supervisor expressing frustration about your leave request
• HR discouraging you from taking “too much time”
• Being asked to delay necessary medical treatment
• Sudden performance issues raised after requesting leave
• Comments suggesting leave puts your job at risk
• Unexpected changes to your position during or after leave
• Different treatment than colleagues who didn’t take leave
• Pressure to work while on leave
• Excessive requests for medical documentation
• Failing to count intermittent absences as FMLA time

Why Choose Dolce Law PLLC For Your FMLA Case?

FMLA cases require both legal expertise and sensitivity to medical and family issues. At Dolce Law PLLC, we offer:

• Deep knowledge of leave laws: We understand the complex interplay between FMLA and New York-specific leave protections.
• Human rights perspective: We approach FMLA rights as fundamental to human dignity and family well-being.
• Strategic advocacy: We develop tailored strategies based on your specific situation and goals.
• Personalized attention: We intentionally limit our caseload to provide focused advocacy.
• Contingency fee options: Many FMLA cases can be handled on a contingency basis.

Building a Strong FMLA Case

Successful FMLA claims typically require establishing:

1. Eligibility: You were eligible for FMLA protection
2. Notice: You provided adequate notice of your need for leave
3. Qualifying reason: Your leave was for a reason covered by FMLA
4. Interference or adverse action: Your employer interfered with your rights or took negative action
5. Causal connection: For retaliation claims, the adverse action was motivated by your FMLA use

We help strengthen your case by:

• Gathering comprehensive medical documentation
• Documenting the timeline of events
• Preserving communications about your leave
• Identifying witnesses and supporting evidence
• Comparing treatment to similarly situated employees
• Working with medical providers to support your claim

The FMLA Legal Process

FMLA cases typically involve several stages:

1. Initial consultation: We evaluate your situation and discuss potential legal options
2. Investigation: We gather evidence, interview witnesses, and build your case
3. Administrative options: While not required, some FMLA claims may be filed with the Department of Labor
4. Settlement negotiations: Many cases resolve through negotiated settlements
5. Litigation: If necessary, we file a lawsuit and represent you through trial

Damages Available in FMLA Cases

If your FMLA rights have been violated, you may be entitled to:

• Lost wages and benefits: Compensation for income and benefits lost due to violations
• Job reinstatement: Return to the same or equivalent position
• Liquidated damages: Equal to your economic losses in most successful cases
• Interest: On unpaid wages and benefits
• Attorneys’ fees and costs: Recoverable in successful FMLA claims
• Front pay: Future lost wages if reinstatement isn’t feasible

Planning for FMLA Leave

If you’re anticipating the need for family or medical leave, we can help you:

• Understand your eligibility and rights
• Properly notify your employer
• Obtain and submit appropriate medical certification
• Plan your leave schedule (continuous or intermittent)
• Document all leave-related communications
• Prepare for your return to work

Frequently Asked Questions About FMLA

Can my employer deny my FMLA leave if it creates hardship for the company?

No. If you are eligible for FMLA leave and provide proper notice for a qualifying reason, your employer cannot deny leave based on business hardship or inconvenience.

Can I take FMLA leave intermittently or on a reduced schedule?

Yes, when medically necessary for your own serious health condition or to care for a family member. For birth, adoption, or foster placement, intermittent leave requires employer approval.

How much notice must I give before taking FMLA leave?

When the need is foreseeable, you should provide 30 days’ notice. For unforeseeable needs, you must provide notice as soon as practicable—typically within the same or next business day of learning of the need for leave.

Can my employer contact me or my doctor while I’m on FMLA leave?

Employers may contact employees on leave for limited purposes, such as discussing return dates or job status. However, excessive contact may constitute interference. Regarding medical providers, employers must follow specific FMLA procedures and privacy rules when seeking information.

What should I do if I believe my FMLA rights have been violated?

Document everything, save all relevant communications, and contact an experienced FMLA attorney promptly. FMLA claims generally must be filed within two years (three years for willful violations).