New York FMLA Lawyer Protecting Your Medical Leave Rights

The Family and Medical Leave Act is more than just a workplace policy—it’s a lifeline for employees and their families during difficult times. You’re caring for an aging parent or dealing with a health crisis of your own, and your employer refuses to grant you the time off you’re entitled to. Or you return from approved leave only to find your job “no longer available.” These are not just unfair practices—they’re violations of the FMLA. At Mizrahi Kroub, we’re here to help you understand what protections you have under the FMLA, and hold employers accountable when they fail to meet their obligations. Our experienced attorneys are dedicated to ensuring that your rights are protected during times when you need support the most.

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What Is the Family and Medical Leave Act (FMLA)?

The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family or medical reasons. The law applies to private-sector employers with 50 or more employees, as well as public agencies and schools.

Common reasons for taking FMLA leave include:

  • Recovering from a serious health condition.
  • Caring for a family member with a serious health condition.
  • Bonding with a newborn, adopted child, or foster child.
  • Addressing qualifying exigencies related to a family member’s military service.

Employers are required to restore employees to their original or equivalent positions after FMLA leave and must maintain their health benefits during the leave period.

Common Violations of FMLA Rights

Unfortunately, some employers fail to uphold their responsibilities under the FMLA, leading to violations such as:

  • Denying Leave: Refusing to approve eligible FMLA leave requests.
  • Retaliation: Demoting, firing, or otherwise punishing employees for taking leave.
  • Failure to Reinstate: Refusing to return employees to their original or equivalent positions after leave.
  • Interference: Creating obstacles or discouraging employees from using their leave rights.

How Mizrahi Kroub Can Help

At Mizrahi Kroub, we are committed to fighting for employees who have been wrongfully denied their FMLA rights. Here’s how we can assist you:

  • Evaluating Your Case: We’ll review your situation to determine whether your employer has violated the FMLA.
  • Explaining Your Rights: Our team will ensure you fully understand your rights under the FMLA and any state-specific protections that may apply.
  • Gathering Evidence: We’ll collect documentation, such as medical records, leave requests, and correspondence with your employer, to build a strong case.
  • Negotiating on Your Behalf: We’ll work to resolve disputes with your employer, seeking a fair resolution without the need for litigation whenever possible.
  • Pursuing Legal Action: If necessary, we’ll file a complaint or lawsuit to recover lost wages, benefits, and damages caused by the violation.

Holding Employers Accountable for Family Medical Leave Act Violations

Employers who violate the FMLA not only break the law but also harm employees at their most vulnerable moments. Denying or interfering with FMLA leave can leave employees facing financial stress, health risks, or emotional distress. That’s why holding employers accountable is so important.

By taking action against FMLA violations, you can:

  • Secure Compensation: Recover lost wages, benefits, and damages caused by the violation.
  • Deter Future Violations: Legal action encourages employers to respect workers’ rights and follow the law.
  • Stand Up for Fair Treatment: Protect your rights and help create a fairer workplace for everyone.

FMLA and Retaliation: What You Need to Know

One of the key protections under the FMLA is that employers cannot retaliate against employees for exercising their rights. Retaliation can take many forms, such as:

  • Demoting or firing you after you return from leave.
  • Reducing your hours or changing your role to one with fewer opportunities.
  • Harassing you or creating a hostile work environment because you took leave.
  • Punishing you for reporting FMLA violations.

Retaliation not only undermines your rights but also creates a toxic workplace culture. At Mizrahi Kroub, we fight to ensure that employees who experience retaliation after taking FMLA leave are fully compensated and their rights restored.

The FMLA Attorneys at Mizrahi Kroub: Here to Protect Your Right to Leave

The FMLA is designed to support workers during times of need. If your employer fails to respect your rights, Mizrahi Kroub is here to fight for you. Contact us today to learn how we can help you seek justice and make sure your voice is heard.

FAQ

Who is eligible for FMLA leave?

Employees may qualify for Family and Medical Leave Act protections if they’ve worked at least 12 months and logged 1,250 hours with a covered employer. FMLA leave provides up to 12 weeks of unpaid, job-protected time off. An FMLA attorney or employment lawyer can explain your rights.

Is FMLA leave paid or unpaid?

FMLA leave is generally unpaid, but employers must maintain your health benefits and restore your job afterward. Some workers may use accrued vacation, sick time, or state programs for pay. If benefits are denied or reduced, an FMLA lawyer can advise whether FMLA violations occurred.

Can I lose my job if I take FMLA leave?

No. The Family and Medical Leave Act requires covered employers to restore your job or an equivalent role when leave ends. Firing or demoting you for taking protected leave may be unlawful. Family medical leave act attorneys or employment discrimination lawyers can help if you’ve faced retaliation.

What if my employer claims I don’t qualify for FMLA leave? What are my leave of absence rights?

Some employers wrongly deny FMLA protections by miscounting hours or disputing eligibility. You still may have rights under New York leave laws or other statutes. If your request was denied, an FMLA attorney or employment lawyer can review your case and determine whether FMLA violations occurred.

How much notice do I need to give before taking FMLA leave?

Employees usually must give 30 days’ notice before planned medical leave. For emergencies, notice should be given as soon as possible. If your employer denies leave or retaliates against you, it may involve FMLA violations. An employment lawyer or FMLA attorney can help protect your rights.

Can my employer retaliate against me for taking FMLA leave?

No. Retaliation for using FMLA leave, such as demotion, discipline, or termination, is illegal. These actions may count as FMLA violations under federal law. If you’ve faced backlash after requesting time off, family medical leave act attorneys or workplace retaliation lawyers in New York can help you assert your rights.

What damages can I recover in an FMLA lawsuit?

In an FMLA case, employees may recover lost wages, lost benefits, and in some cases liquidated damages equal to their losses. Courts can also order job reinstatement. If your leave rights were denied, an FMLA lawyer or employment discrimination attorney can help pursue available remedies.

What are my leave protections in New York?

In New York, workers have protections under both federal and state law. The Family and Medical Leave Act (FMLA) grants up to 12 weeks of job-protected, unpaid leave for qualifying medical or family needs. New York’s Paid Family Leave program adds further protection, offering paid time off to bond with a new child, care for a seriously ill relative, or handle family matters when a loved one is deployed. If your leave of absence rights are denied, family medi

Can I take intermittent FMLA leave?

Yes. FMLA leave doesn’t have to be taken all at once—you may use it in smaller blocks for medical treatments or flare-ups of a serious condition. If your employer refuses or penalizes you, it could be an FMLA violation. An FMLA lawyer can help protect your rights.

What should I do if my employer violates my FMLA rights?

If your employer denies leave, cuts your hours, or retaliates against you, keep detailed records of what happened. These actions may count as FMLA violations under federal law. Speaking with family medical leave act attorneys or an employment lawyer in New York can help you enforce your rights.

What if my employer discourages me from taking FMLA leave?

Some employers may not outright deny your request but instead pressure you to delay leave, reduce time off, or “find another solution.” That can still raise legal concerns. At Mizrahi Kroub LLP, we look at whether your employer interfered with your ability to use your leave rights. A New York FMLA lawyer can help determine whether that pressure crossed the line into a violation.

Can my employer require me to check in or work while I am on FMLA leave?

Generally, FMLA leave is meant to allow you to step away from work to handle a serious medical or family issue. Occasional updates may be reasonable, but requiring you to actively work or remain fully available can undermine your rights. Many clients are unsure where that line is. A New York employment lawyer can review your situation and explain whether your employer’s expectations were appropriate.

What if my job duties changed after I returned from FMLA leave?

You are entitled to return to the same or an equivalent position. That means similar pay, benefits, and responsibilities. If your role was reduced, your schedule changed, or your opportunities were limited, that may be a problem. At Mizrahi Kroub LLP, we often review how employees are treated after leave to determine whether the employer complied with the law or attempted to sideline the employee.

Can my employer use my FMLA leave against me in performance reviews?

No. FMLA leave should not be counted against you when evaluating your performance or attendance. Some employers subtly factor in missed time when making decisions about raises, promotions, or discipline. That can be unlawful. A New York FMLA attorney can assess whether your leave was improperly used against you and whether that affected your career progression.

What if I need more than 12 weeks of leave?

FMLA provides up to 12 weeks of protected leave, but additional protections may apply depending on your situation. For example, a medical condition could qualify for reasonable accommodation under disability laws. Many clients assume they have no options once FMLA is exhausted, which is not always true. Mizrahi Kroub LLP can evaluate whether other laws may extend your protections.

Can I take FMLA leave for mental health conditions?

Yes. Serious mental health conditions can qualify for FMLA leave if they meet the legal criteria. This is an area where many employees face confusion or hesitation. Employers may question the need for leave or request documentation. A New York FMLA lawyer can help ensure your condition is properly recognized and that your rights are respected.

What if my employer says my paperwork was incomplete or insufficient?

Employers may request certification, but they must give you a fair opportunity to provide it. Denying leave based on technicalities or failing to explain what is missing can raise issues. At Mizrahi Kroub LLP, we often see cases where paperwork becomes a barrier rather than part of a fair process. A New York employment attorney can review how your request was handled and whether your employer acted properly.

Can FMLA violations affect my long-term career or benefits?

Yes. Being denied leave or facing retaliation can impact promotions, compensation, and job stability. Many clients only realize the full impact over time. At Mizrahi Kroub LLP, we look at both immediate losses and long-term consequences when evaluating a case. This helps ensure that any recovery reflects the full extent of the harm.

How are FMLA cases typically resolved?

Some cases are resolved through negotiation, while others require formal legal action. The path depends on the strength of the evidence and the employer’s response. Mizrahi Kroub LLP prepares every case thoroughly from the beginning, whether it resolves quickly or proceeds further. With over $1 billion recovered for clients, we understand how to position these cases for strong outcomes.

Why should I speak with Mizrahi Kroub LLP about an FMLA issue?

FMLA claims often involve detailed eligibility rules, employer defenses, and overlapping laws. Mizrahi Kroub LLP brings over 50 years of collective experience, more than $1 billion recovered for clients, and over 5,000 cases settled. We represent employees facing serious workplace issues and work to hold employers accountable. If your leave rights were denied or interfered with, speaking with our team can help you understand your options and what steps to take next.

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