Frequently Asked Questions About the Family Medical Leave Act in New York

Answers from
compassionate employment law attorneys in
New York City

The Family
Medical Leave Act (FMLA) was established to
protect the stability of jobs when we need
it the most—when we, or our loved ones, are
faced with a health crisis. When you are
confronted with a health crisis in your
family, the New York City FMLA attorneys at
Hepworth, Gershbaum & Roth, PLLC are here to
look out for your best interests and your
future. The last thing you should have to
worry about is whether you are going to lose
your job. We can answer all of your
questions about your options through this
difficult time and decide which legal option
best protects you in your situation.

Schedule a
free initial consultation with a New York
City FMLA attorney

We cannot answer all of your questions on a
single webpage. That is why we offer free
initial consultations for you to speak with
an experienced New York City FMLA attorney
and have the rest of your questions
answered. Call us at 212-545-1199 or
contact us online to meet with a
knowledgeable attorney from Hepworth,
Gershbaum & Roth, PLLC.

How
much leave am I entitled to under the FMLA?

You are
entitled to 12 weeks of leave within any 12
month period if you or a loved one have a
significant illness. The time does not need
to be taken consecutively and your employer
cannot take any action that demonstrates
prejudice against your for exercising this
right. Contact our New York City FMLA
enforcement attorneys if your employer
discriminates against you in any way for
taking this leave.

Do I
get paid for the time off I take under the
FMLA?

Your
employer is not obligated to pay you your
normal wages for leave you take under the
Family Medical Leave Act. However, you or
the employer can elect to use accrued paid
leave, vacation or sick leave during the
leave you take.

Can
time taken off for pregnancy complications
count against the 12 week leave you planned
to use for maternity leave?

Unfortunately, yes. Some employers count
time you take off for complications during
your pregnancy to reduce the time you are
off after the birth of your child. The 12
weeks in 12 months does not grant you
additional protections under these
circumstances.

Are
there limitations to who you can take time
off for?

The FMLA
only allows you to take leave for yourself
or immediate family members. Immediate
family includes spouses, children (adopted
or biological), and your parents.
Unfortunately, children capable of caring
for themself over the age of 18 are not
protected by the FMLA.

Does
the size of my employer matter?

Yes. Only
companies with 50 or more employees within a
75 mile area are obligated to follow the
FMLA. These determinations can quickly
become complicated with national companies
having many offices and subsidiaries. Call
our New York City
FMLA enforcement attorneys to
help you evaluate whether your employer must
adhere to the law.

Do you
have to disclose what medical condition you
have before taking leave under the FMLA?

No. You
and your family have the right to privacy
during your time of crisis. Employers are
allowed to request certification that a
serious medical condition exists to
substantiate your absence. However, they
have no right to request any specifics about
the medical issue.

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Contact an employment law
attorney in New York today
for a free initial
consultation and determine
whether you have a case. For
a free initial consultation,
you can contact us online or
by phone.