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Family & Medical Leave Act

If you work for an employer with 50 or more employees, the FMLA may allow you to take unpaid leave to attend to family and medical responsibilities. In order to be eligible for FMLA leave, you must have worked for your employer:

  • for at least 12 months; and
  • have worked a minimum of 1250 hours during the 12 months preceding your requested leave.

If you are eligible, you are entitled to up to 12 weeks unpaid leave (within a 12 month period). Family and medical responsibilities can include births, illnesses, or other serious health conditions of yours (if it leaves you unable to perform the functions of your job) or of a family member. Serious illness does not include things like a cold or flu; outpatient surgery; elective or cosmetic surgery; routine dental or orthodontia appointments or work; minor infections.
During an FMLA absence, with few exceptions (for certain “key” employees) your employer must maintain your health coverage, and may not terminate your employment. Your employer may not penalize you or harass you for requesting or taking leave under the FMLA or place undue burdens on your return to work. When you return to work, you are entitled to your old job (so long as you are medically able to perform it), or if it is not open, to reasonably comparable work.

How do I know if my employer is violating the FMLA?

I think my employer has violated the FMLA

How can I find a New York attorney to work this out for me?

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