Imagine this: You take time off to care for a newborn in Brooklyn, recover from surgery in Manhattan, or help a sick parent in Westchester. You’ve followed every rule under the Family and Medical Leave Act (FMLA)—but when you return, the tone has shifted. You’re excluded from leadership meetings. Your performance is suddenly under scrutiny. A promised promotion disappears without explanation.
If that sounds familiar, you’re not imagining things. Retaliation for taking FMLA leave is a reality for many professionals in New York.
At Mizrahi Kroub LLP, we represent employees across industries—including finance, tech, healthcare, and education—who’ve been punished for doing exactly what the law allows: prioritizing their health and their families.
What FMLA Leave Covers and How New York Adds Protection
The Family and Medical Leave Act (FMLA) gives eligible employees up to 12 weeks of unpaid, job-protected leave to:
- Recover from a serious health condition
- Care for a new child (birth, adoption, or foster care)
- Support a spouse, parent, or child with a serious medical issue
- Handle qualifying exigencies related to military service
To qualify, you must work for an eligible employer and have logged at least 1,250 hours over the past year.
In addition to federal FMLA protections, New York State law offers additional benefits through Paid Family Leave (PFL), giving many workers partially paid time off with similar job protections. But no matter which law you’re using—retaliation is illegal.
What FMLA Retaliation Looks Like for High-Level Employees
Retaliation doesn’t always look like a pink slip. For senior employees and managers, it’s often more subtle and strategic. You might notice:
- A sudden drop in responsibilities or projects
- Being overlooked for advancement after returning from leave
- Negative performance reviews that don’t match your record
- A shift in attitude from leadership or peers
- Being pushed out or offered an early exit package
If your employer is punishing you for legally protected leave, that’s more than unfair—it’s a violation of your rights.
How Mizrahi Kroub LLP Helps Professionals Fight Back
At Mizrahi Kroub LLP, our attorneys have handled thousands of employment law cases and recovered over $1 billion for our clients. We’ve helped C-suite executives, mid-level managers, and professionals across tech, finance, healthcare, media, and more take a stand against retaliation—and win. Here’s how we approach FMLA retaliation claims:
Strategic Review: We evaluate your employment history, FMLA records, and all signs of retaliation.
Evidence Building: We help you gather documentation, emails, and internal communications that support your claim.
Legal Action: Depending on your goals, we can pursue a resolution through negotiation or litigation, including filing complaints with the U.S. Department of Labor or bringing your case to court.
Our attorneys understand what’s at stake for professionals, not just your paycheck, but your reputation, future opportunities, and peace of mind.
Speak With a New York FMLA Lawyer Today
If you believe you're facing retaliation for taking FMLA leave in New York, don’t wait. The sooner you speak with an attorney, the more options you'll have.
Contact Mizrahi Kroub LLP today to schedule a confidential consultation with an experienced New York FMLA lawyer. Let us put our decades of experience and proven track record to work for you.
With over 50 years of collective experience, 5,000+ cases resolved, and a deep commitment to employee rights, we’re ready to stand up for what’s right—starting with you.
