The Federal Medical Leave Act (FMLA) is a federal labor law that allows employees to take a maximum 12 weeks of unpaid leave from work every year for family and medical reasons. When an employee returns to work, he or she should be reinstated to the same position held prior to the leave of absence or allocated to an equivalent position, with a few exceptions. Unfortunately, there are employers who violate the FMLA and interfere with employees’ rights to take a leave of absence. An employer may threaten termination, demote you, prohibit you from taking time off or retaliate in other ways. If you believe your rights were violated, a Bronx employment law attorney can assess the merits of your case.
A Bronx Employment Law Attorney Explains FMLA Eligibility Requirements
FMLA is only applicable to certain types of employers and employees. An employer must have 50 or more employees every workday for 20 or more weeks during the current or previous calendar year. The federal law covers employers in the private and public sector.
Employees must fulfill certain eligibility requirements in order to receive FMLA protection. Employees must work at least 12 months and a minimum of 1,250 hours during that one year period for the employer. The employee also needs to work at a location within 75 miles of where the employer has employed at least 50 workers. A Bronx employment law lawyer can assist you and will determine if you satisfy the FMLA requirements.
A Bronx Employment Law Attorney Discusses FMLA Coverage for Family and Medical Reasons
An employee’s job is protected if a leave of absence is needed for specific reasons. Employees are entitled to take time off from work within the first year of a child’s birth, adoption, or placement for foster care. A Bronx employment law attorney will tell you that employees are also protected by FMLA if they have a serious health condition that prevents them from performing their duties at work or if they need to take care of an immediate family member suffering from a serious medical problem. Employees may take up to 26 weeks off from work to take care of an immediate family member in the Armed Forces who is seriously ill or injured. Employees may use the leave of absence intermittently throughout the year.
Speak With a Bronx Employment Law Lawyer
If you believe an employer violated your FMLA rights, contact the Law Office of Delmas Costin, Jr. for legal assistance: 718-618-0589. A knowledgeable Bronx employment law attorney will defend your rights and help you pursue damages against the employer for their wrongful actions.