Brooklyn FMLA Violation Attorney
The Family and Medical Leave Act (FMLA) was enacted to ensure that eligible employees can take necessary time off for qualifying medical or family reasons without risking their job. But many New York employees still face retaliation, wrongful termination, or denial of benefits after requesting FMLA leave. At Greenberg Gross LLP, our Brooklyn FMLA violation attorneys represent workers who have had their rights violated under the FMLA and help them pursue justice under both state and federal law.
If you were denied leave, terminated after taking FMLA leave, or failed to be reinstated to an equivalent position, you may have a valid legal claim. Our FMLA lawyers offer strategic legal assistance for employees navigating leave disputes across New York City and surrounding boroughs, including Staten Island and Suffolk County.
Understanding Your Rights Under the FMLA
The Family and Medical Leave Act is a federal law that requires employers to provide up to twelve weeks of unpaid leave for certain covered reasons. This includes the birth or adoption of a child, caring for a family member with a serious health condition, or taking time off for your own medical condition. The law protects eligible employees from losing their jobs during this period and guarantees restoration to the previous position or an equivalent job upon return.
Covered employers include public agencies and private-sector employers with 50 or more employees. FMLA rights extend to employees who have worked for their employer for at least 12 months and have completed at least 1,250 hours of service during the previous year.
Greenberg Gross LLP represents individuals whose FMLA protections have been denied or ignored, including those who were discouraged from taking FMLA leave, subjected to adverse action, or penalized after returning to work. We help clients file claims, gather evidence, and take legal action against employers who fail to comply with FMLA requirements.
Common FMLA Violations in the Workplace
FMLA violations occur in many forms. Some employees are fired after requesting FMLA leave. Others are denied the ability to take time off for a serious medical condition, or they return from leave only to find their job has been eliminated or reassigned inappropriately.
Other common examples of FMLA violations include:
- Denying a leave request for a qualifying reason
- Failing to maintain health benefits during leave
- Refusing to restore an employee to an equivalent position
- Retaliating against an employee for taking or requesting FMLA leave
- Demanding excessive medical documentation
- Penalizing an employee through reduced pay or changed working conditions
Our employment attorneys have extensive experience with FMLA and medical leave act cases. We understand how employers sometimes ignore the law or misapply its standards. Our legal team ensures that eligible employees receive the full protection the law provides.
Legal Representation for Employees Across New York City
Greenberg Gross LLP provides comprehensive legal support to employees throughout Brooklyn, New York City, and the surrounding areas. Our attorneys are well versed in FMLA rights and medical leave laws and offer legal counsel to employees who are navigating leave-related disputes.
We serve a diverse range of employees, including those taking leave for childbirth, adoption, foster care placement, serious medical conditions, or to care for a family member with a health condition. Whether you’re taking FMLA leave for physical or mental health treatment, we ensure your job-protected leave is respected and that your employer upholds its legal obligations.
Our law office helps clients prepare and file FMLA claims, respond to employer violations, and pursue back pay, reinstatement, or other remedies where available. We also represent employees in cases where an employer fails to return them to a previous position or takes adverse action during or after leave.
Schedule a Free Consultation With a New York City FMLA Lawyer
If your employer violated your rights under the Family and Medical Leave Act, Greenberg Gross LLP offers a free consultation to discuss your legal options. Our Brooklyn-based employment attorneys are here to help you understand your rights, gather documentation, and take steps toward recovering lost wages or securing reinstatement.
With a deep understanding of FMLA violations and the legal protections offered under both federal and state law, our firm helps employees achieve fair outcomes in even the most complex leave-related disputes. Whether you are requesting FMLA leave, taking leave, or have been punished for using it, our legal team is ready to advocate on your behalf.
Frequently Asked Questions
Who qualifies for FMLA leave?
Eligible employees are those who work for a covered employer, have been employed for at least 12 months, and have worked at least 1,250 hours in the last year. The leave must be for a covered reason, such as a serious health condition or caring for a family member.
What are my rights if my FMLA request is denied?
You may have grounds for legal action if your employer wrongfully denies FMLA leave or retaliates against you for requesting it. A qualified FMLA attorney can review your case and help you file a claim.
What if I return to work and my job is gone?
The law requires your employer to restore you to your previous position or an equivalent job. Failure to do so could constitute a violation of FMLA rights.
Can I be fired while on FMLA leave?
Employers cannot fire you for taking FMLA leave. However, if your termination is unrelated to your leave and based on legitimate grounds, they may proceed—but the burden is on the employer to prove it.