New York City FMLA Violation Attorney

Employees in New York City have the legal right to take protected time off for serious personal or family health issues under the Family and Medical Leave Act. This federal law, often referred to as the FMLA or the Medical Leave Act, entitles eligible employees to take unpaid, job protected leave for specific medical or family-related reasons. Despite these clear protections, many employers still fail to honor the law, leading to serious consequences for employees who are already under emotional or physical stress.

Greenberg Gross LLP represents workers across New York who have faced FMLA violations. Whether your employer denied your right to medical leave, failed to reinstate you to an equivalent position, or retaliated against you for requesting FMLA leave, our attorneys are here to hold employers accountable and help you recover lost wages and other damages.

Understanding Your FMLA Rights Under Federal Law

The Family and Medical Leave Act is a federal law that provides eligible employees with up to twelve weeks of unpaid leave during a twelve-month period. The law applies to covered employers, including private sector employers with fifty or more employees, public agencies, and schools. FMLA protections extend to individuals needing time off for their own serious health condition or to care for a specific family member with a serious medical condition. Covered family members include a spouse, parent, child, or immediate family member such as a foster child or newborn child.

FMLA leave is job protected, meaning that upon returning from leave, the employee must be restored to their original position or an equivalent position with the same pay, benefits, and responsibilities. Health insurance and other health benefits must be maintained throughout the leave period. Employees may also use accrued paid leave in conjunction with FMLA leave, though the core benefit remains unpaid.

New York employees also benefit from state specific protections under New York State law and the paid family leave program, which provides additional rights related to paid leave and family care.

Common FMLA Violations in New York Workplaces

Employers sometimes violate the Medical Leave Act FMLA by interfering with the right to take leave, denying valid leave requests, or retaliating against employees for exercising their FMLA rights. A violation may occur when an employer refuses to grant leave for a qualifying reason, fails to notify an employee of their FMLA protections, or demands medical records not required by law.

Other violations include failing to restore employees to an equivalent position after their return or claiming the employee has fewer benefits than before. In some cases, the employer retaliates by cutting hours, reducing pay, or even terminating employment after the employee takes medical leave. These actions are unlawful and may entitle the employee to legal remedies.

Greenberg Gross LLP has experience handling FMLA violations and assisting clients in gathering evidence, preparing legal action, and proving that an employer failed to respect the legal rights of eligible employees.

When to Contact an FMLA Attorney

If you were denied FMLA leave, experienced retaliation after requesting time off, or were not returned to your job after taking approved leave, you should consult with a qualified FMLA attorney. You may be entitled to file a legal claim to recover lost wages, reinstate employment, and obtain compensation for emotional distress damages.

Our attorneys understand that taking FMLA leave is often linked to high-stress situations, such as recovering from a serious health condition, caring for a sick family member, or managing a medical condition that affects daily life. These situations demand support, not punishment. Employers who violate FMLA rights must be held accountable under federal law and New York regulations.

Greenberg Gross LLP offers a free consultation to evaluate your case, explain your legal rights, and guide you through the process of seeking justice and fair treatment.

Legal Action and Remedies for FMLA Violations

Taking FMLA leave is a protected activity. If your employer retaliates or refuses to honor your rights, legal action may be the only way to achieve justice. Our FMLA lawyers will assess whether your situation meets the criteria under federal and state law and determine the best legal strategy moving forward.

Legal remedies may include recovering lost wages, reinstating your job, compensating for medical expenses or lost benefits, and in certain cases, awarding damages for emotional distress. Employers who intentionally violate the Family and Medical Leave Act may also be liable for additional penalties.

In New York City, where job competition is high and employer expectations are intense, workers must know that they do not have to choose between their health and their career. Our law firm fights for the rights of workers who take job protected leave for medical reasons, and we are here to support your recovery—both professionally and financially.

Frequently Asked Questions

Who qualifies as an eligible employee under the FMLA?

To qualify for FMLA leave, an employee must have worked for their employer for at least twelve months, logged at least 1,250 hours during the previous year, and be employed at a worksite with fifty or more employees within seventy five miles.

What types of medical conditions are covered?

Covered reasons include a serious health condition that makes the employee unable to perform their job, or caring for an immediate family member with a serious medical condition. Pregnancy, recovery from surgery, and chronic illnesses like diabetes or cancer are common qualifying reasons.

Can an employer refuse my request for FMLA leave?

No. If you meet the eligibility criteria and provide proper notice, the employer must grant the leave. If the employer fails to comply, you may have grounds to pursue legal action with the help of an experienced FMLA attorney.

What if I was fired after taking FMLA leave?

Termination following FMLA leave may be unlawful if the reason is connected to your medical leave. You may be entitled to reinstatement, lost wages, and compensation for any harm suffered as a result.

Does New York offer additional protections?

Yes. New York State law provides for paid family leave in certain circumstances, supplementing the federal FMLA. Employees may be eligible for wage replacement and extended benefits under state programs.

If you’re dealing with an FMLA dispute, Greenberg Gross LLP is ready to assist. Let us help protect your legal rights and guide you toward a resolution.