When you’re preparing for the birth of a child, managing a serious medical issue, or caring for someone who depends on you, time away from work isn’t optional. It’s necessary. But many New York employees are unsure how much leave they’re entitled to or whether taking it will put their job at risk.
The Family and Medical Leave Act (FMLA) is meant to protect you in these moments. As New York FMLA lawyers, we regularly help employees understand how much leave they can take, how the law applies to their situation, and what their employer is required to provide.
What Is the FMLA?
The FMLA is a federal law that grants eligible employees up to 12 weeks of unpaid, job-protected leave every year for qualifying medical or family-related reasons. It ensures that when life demands your attention, you don’t have to worry about losing your job or your health insurance.
Who Is Eligible for FMLA in New York?
To qualify for FMLA protections, you must meet all of the following:
- Work for a covered employer, such as a private employer with 50 or more employees, a public agency, or a public or private school.
- Have worked for the employer for at least 12 months.
- Have 1,250 hours of work within the 12 months before your leave begins.
If you meet these criteria, your employer is legally required to honor your FMLA rights.
How Much Leave Can You Take?
Standard FMLA Leave: Eligible New York employees can take up to 12 workweeks of leave in a 12-month period for:
- The birth and care of a newborn child
- Adoption or foster placement
- Caring for a spouse, child, or parent with a serious health condition
- A serious health condition that prevents you from performing your job
This leave is designed to give you the time you need without putting your employment in jeopardy.
Military Family Leave: Employees with family members on covered active duty may be entitled to up to 26 workweeks of leave under the military caregiver provision of the FMLA.
How New York’s Laws Add Extra Protection
New York goes further than federal law by offering Paid Family Leave (PFL). PFL provides partial wage replacement for certain family-related reasons, offering much-needed financial support during your leave.
Many employees take both FMLA and PFL, depending on the situation. Understanding how these programs work together can help you maximize your time and benefits.
Talk to a New York FMLA Lawyer About Your Rights
If you’re unsure how much time you’re entitled to or feel your employer isn’t following the law, you’re not alone. FMLA can be confusing, especially when employers give unclear or conflicting information.
At Mizrahi Kroub LLP, our New York FMLA attorneys have more than 50 years of collective experience protecting employees across every industry. We are a full-service plaintiff-side employment law firm that has recovered more than $1 billion for clients and successfully resolved over 5,000 cases. When your job, your health, and your family are on the line, you want a team that knows how to stand up to powerful employers and enforce your rights under federal and state law.
Contact us today to speak with an FMLA lawyer who knows how to safeguard New York employees. We're here to help you take the time you need without risking the job you rely on.
