Taking time off to care for yourself or a loved one during a serious health event is not a privilege. It is a right protected by federal law. But too many Buffalo workers face retaliation, termination, or intimidation when they try to exercise that right.
Buffalo FMLA lawyers at Greenberg Gross LLP represent employees across Western New York whose employers have interfered with their medical leave rights or punished them for taking protected time off. Our trial attorneys fight for workers who have been wrongfully terminated, demoted, or disciplined in connection with Family and Medical Leave Act (FMLA) claims.
Contact us today at (716) 819-8189 to discuss your case during a free and confidential consultation.
Why Choose Greenberg Gross LLP as Your Buffalo FMLA Lawyers
When your employer fires you or pushes you out for taking legally protected leave, the power imbalance feels enormous. You need attorneys who are not intimidated by large employers or aggressive corporate legal teams, and who have the courtroom experience to back up every demand they make on your behalf.
Proven Results in Employment Cases
Our attorneys have secured a $6.1 million whistleblower retaliation judgment and a $10 million settlement for breach of oral contract, among many other significant outcomes for employees. Prior results do not guarantee a similar outcome.
A Firm Built for Trial
Our founders left one of the largest global law firms to build a practice focused on trial advocacy and results. We prepare every case thoroughly for litigation and are ready to present your case before a jury when necessary.
A National Presence with Local Attention
With offices in Buffalo, New York City, Los Angeles, Las Vegas, Newark, Boston, and our headquarters in Costa Mesa, California, we bring sophisticated legal resources to Western New York workers while providing direct, one-on-one communication.
Your Fight Is Our Mission
We opened our doors with a sense of mission, and that drives everything we do. An FMLA violation is not just a legal issue. It affects your health, your family, and your financial stability, and we treat it with that level of seriousness.
What Rights Does the FMLA Give Buffalo Workers?
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying medical and family reasons. The law also requires employers to maintain the employee's group health insurance coverage during the leave period under the same terms as if the employee had continued working.
FMLA leave applies to several qualifying situations that Buffalo workers commonly face:
- A serious health condition that makes you unable to perform your job
- Caring for a spouse, child, or parent with a serious health condition
- The birth of a child and bonding during the first year
- The placement of a child through adoption or foster care
- A qualifying exigency related to a family member's active military duty
These protections exist so that workers do not have to choose between their health or family obligations and their livelihood. When an employer violates these rights, a Buffalo FMLA lawyer helps hold that employer accountable.
Who Qualifies for FMLA Protection in Buffalo?
Not every worker in Erie County or Western New York qualifies for FMLA protection. The law sets specific eligibility requirements that both the employee and the employer must meet.
Employee Eligibility Requirements
To qualify for FMLA leave, you must meet three conditions at the time you request leave:
- You have worked for your employer for at least 12 months, though the months do not need to be consecutive.
- You have logged at least 1,250 hours of work during the 12-month period immediately before the leave begins.
- You work at a location where your employer has at least 50 employees within a 75-mile radius.
Employer Coverage
The FMLA applies to all public agencies, all public and private elementary and secondary schools, and private-sector companies with 50 or more employees. Many mid-size and large employers in the Buffalo area, including those in healthcare, education, manufacturing, and government, fall under this requirement.
If your employer does not meet the FMLA threshold, you may still have leave protections under New York State law, including the New York Paid Family Leave (PFL) program and protections under the New York State Human Rights Law (NYSHRL). An FMLA attorney in Buffalo helps you identify every source of protection that applies to your situation.
What Does an FMLA Violation Look Like?
Employers violate the FMLA in two primary ways: interference and retaliation. Both are illegal, and both give rise to legal claims that a Buffalo FMLA lawyer may pursue on your behalf.
FMLA Interference
Interference occurs when an employer prevents or discourages you from using your FMLA rights. This takes many forms, some obvious and some harder to recognize.
Common examples of FMLA interference include:
- Denying a valid leave request or failing to respond to one
- Pressuring you to return to work before your leave period ends
- Refusing to restore you to the same or an equivalent position after leave
- Failing to maintain your health insurance benefits during leave
- Counting FMLA-protected absences against you in an attendance policy
Any action that blocks, limits, or discourages you from taking leave you are legally entitled to may amount to unlawful interference under the FMLA.
FMLA Retaliation
Retaliation occurs when an employer punishes you for requesting or taking FMLA leave. This type of violation often surfaces after you return to work, though it may also happen while you are still on leave.
Signs of FMLA retaliation include:
- Termination shortly after you return from leave or while leave is pending
- Demotion, pay reduction, or removal of responsibilities
- Negative performance reviews that contradict your prior record
- Exclusion from meetings, projects, or advancement opportunities
- A sudden shift in how your supervisor treats you compared to before your leave
Retaliation claims often rely on timing and patterns. If your employer treated you well before your leave and then took adverse action afterward, that contrast may support a strong legal claim.
How Do You File an FMLA Claim in Buffalo?
Filing an FMLA claim in Buffalo involves a specific legal process. Unlike some employment discrimination claims, you do not file an FMLA complaint through an administrative agency before going to court. Instead, you may file a lawsuit directly.
Filing a Federal Lawsuit
FMLA claims are federal claims, and most lawsuits are filed in the U.S. District Court for the Western District of New York, which serves the Buffalo area. You have two years from the date of the violation to file a lawsuit under the FMLA. If your employer's violation was willful, meaning the employer knew its conduct violated the law or acted with reckless disregard, the deadline extends to three years.
Filing a Complaint with the Department of Labor
You may also file a complaint with the U.S. Department of Labor's Wage and Hour Division, which investigates FMLA violations. This option does not require hiring an attorney, but it also does not provide the same range of remedies that a federal lawsuit offers. Filing with the DOL does not extend or pause the statute of limitations for a private lawsuit.
The Role of Your Attorney
An FMLA attorney reviews your situation, gathers supporting evidence, and determines the strongest path forward. Whether that means negotiating directly with your employer, filing a DOL complaint, or taking your case to federal court, your attorney handles the legal process while you focus on your health and your family.
What Damages May Be Available in a Buffalo FMLA Case?
If your employer violated your FMLA rights, you may be entitled to several forms of compensation. The FMLA provides specific remedies designed to restore the financial position you held before the violation occurred.
- Back pay and lost benefits cover the wages, salary, bonuses, and benefits you lost because of the FMLA violation.
- Front pay compensates you for future lost earnings when reinstatement to your former position is not practical.
- Liquidated damages may double the amount of your back pay award if the court finds that your employer's violation was not made in good faith. This provision serves as both compensation and a deterrent.
- Attorney's fees and costs are recoverable under the FMLA, which helps offset the financial burden of pursuing your claim.
- Reinstatement or promotion may be ordered by the court to restore you to the position you held before the violation, or to an equivalent role.
Unlike some employment statutes, the FMLA does not provide for compensatory damages for emotional distress or punitive damages. However, if your employer's conduct also violated state anti-discrimination laws, you may have additional claims with broader remedies. A Buffalo FMLA lawyer evaluates the full scope of your situation to identify every available path to recovery.
Ask Greenberg Gross
Do I need a lawyer if my employer denied my FMLA leave?
If your employer denied a valid FMLA leave request, you may have a legal claim for interference. An attorney reviews your eligibility, evaluates whether the denial was lawful, and advises you on your options. Many FMLA violations go unchallenged because workers do not realize the denial was illegal. A consultation helps you understand your rights and the strength of your potential claim.
What if I was fired right after returning from FMLA leave?
Termination shortly after FMLA leave is one of the most common forms of retaliation. While timing alone does not prove retaliation, it raises a strong inference, especially if your performance record was positive before the leave. An FMLA attorney examines the circumstances, the employer's stated reason, and the evidence to determine whether you have a viable claim.
Does FMLA cover mental health conditions?
Yes. The FMLA covers serious health conditions that make you unable to perform your job, and that includes qualifying mental health conditions such as depression, anxiety, PTSD, and other disorders that require inpatient care or continuing treatment by a healthcare provider. Your employer may not deny FMLA leave simply because the condition is psychological rather than physical.
How much does it cost to hire an FMLA lawyer in Buffalo?
Most FMLA attorneys, including Greenberg Gross LLP, handle cases on a contingency fee basis. You pay no upfront legal fees, and your attorney's fees come from the recovery in your case. If there is no recovery, you typically do not owe attorney's fees, though you may be responsible for certain case-related costs depending on your agreement.
FAQs for Buffalo FMLA Lawyers
How long do I have to file an FMLA lawsuit in New York?
You have two years from the date of the FMLA violation to file a lawsuit in federal court. If the violation was willful, the statute of limitations extends to three years. Because evidence fades and witnesses become harder to locate over time, contacting an attorney soon after the violation gives your case the strongest foundation.
Does my employer have to give me my same job back after FMLA leave?
Under the FMLA, your employer must restore you to the same position or an equivalent one with the same pay, benefits, and working conditions. An equivalent position must involve substantially similar duties and responsibilities. If your employer places you in a lesser role or eliminates your position while you are on leave, that may constitute an FMLA violation.
What if my employer says I was fired for a reason unrelated to my leave?
Employers often claim that the termination was based on performance, restructuring, or policy violations rather than FMLA leave. An attorney looks beyond the stated reason and examines whether the timing, the employer's treatment of similarly situated employees, and the overall circumstances suggest that the real motivation was your use of FMLA leave.
Does New York have its own family leave law in addition to the FMLA?
Yes. New York's Paid Family Leave (PFL) program provides eligible employees with paid, job-protected time off to bond with a new child, care for a family member with a serious health condition, or assist with needs arising from a family member's military deployment. PFL and FMLA may run at the same time or separately depending on the circumstances, and understanding how they interact matters for protecting your full range of rights.
Do I qualify for FMLA if I work part-time in Buffalo?
Part-time workers may qualify for FMLA protection if they meet the eligibility requirements. You must have worked for your employer for at least 12 months and logged at least 1,250 hours in the 12 months before your leave. If you meet those thresholds and your employer has 50 or more employees within 75 miles, the FMLA applies regardless of whether your position is full-time or part-time.
Take Action with Experienced Buffalo FMLA Lawyers
Every day that passes after an FMLA violation is a day your employer may spend building its defense or allowing evidence to disappear. The statute of limitations on FMLA claims does not pause while you weigh your options, and the strongest cases rely on evidence gathered early.
Greenberg Gross LLP's trial attorneys represent Buffalo workers from our downtown office at 1 Seneca Street and bring the full resources of a nationally recognized litigation firm to every FMLA case. We are ready to listen, and we are ready to fight for you.
Call (716) 819-8189 or (855) 255-5515 today for a free, confidential consultation with a Greenberg Gross FMLA attorney. Your right to medical leave matters, and so do you.