FMLA Lawyer in New York City

The Family and Medical Leave Act of 1993 (FMLA) is a federal law that protects employees who need time off from work. If an employer violates your FMLA rights, contact a New York City Family and Medical Leave Act attorney at The Law Office of Vincent Miletti, Esq.

The Family and Medical Leave Act requires certain employers to provide job-protected, unpaid leave to qualified employees for specific medical and family reasons. The U.S. Department of Labor administers the Act.

Although the FMLA is over thirty years old, many employers still pressure workers to prevent them from taking the leave they are entitled to. At The Law Office of Vincent Miletti, we ensure that employees receive the benefits of the employment and labor laws enacted to protect them.

Who is Entitled to FMLA Leave?

Under the Family and Medical Leave Act, if you meet the following conditions, you may be entitled to twelve weeks of unpaid leave:

1. You have a serious medical condition, must care for a family member with a serious medical condition, cannot work because of a pregnancy or a birth-related medical condition, or have a newborn in your family.
2. You have worked for the same employer for at least one year and have worked at least 1,250 hours in the previous twelve months.
3. Your employer has fifty or more employees within a 75-mile radius.

Your employer can ask to see a doctor’s certification when you request FMLA leave for a serious health condition. Qualified employees may take up to twelve weeks a year for a qualifying condition or event.

When you return, you are entitled to your previous position or an equivalent position with no loss of benefits. The FMLA also allows qualified employees to take up to twenty-six weeks of leave for a military family member’s serious illness or injury.

What Should You Know About the Family and Medical Leave Act?

If you take leave for birth, adoption, or foster care placement, you must take the leave within twelve months of the birth or placement. While on leave, you can maintain your employer-sponsored health insurance, provided you make the required contributions.

Special rules apply for spouses with the same employer, highly compensated employees, and teachers requesting leave near the end of a semester. If you are denied leave in one of these situations, speak promptly to a New York City Family and Medical Leave Act lawyer.

What Are Your Family and Medical Leave Act Rights?

Your employer may not have to rehire you if your job is eliminated during your leave, for example, as part of a company downsizing. Otherwise, if your employer fires you for taking FMLA leave, contact The Law Office of Vincent Miletti, Esq., immediately.

How can you know if your employer is compliant with the FMLA? Your employee handbook should explain the company’s leave policies and procedures. If the handbook does not describe those policies, ask to look at the company’s printed policies regarding leave and related benefits.

Employers in New York may not discriminate, retaliate, or take any action against an employee who asks for or takes FMLA leave. If you are an employee or an ex-employee dealing with any discrimination or retaliation related to the FMLA, speak immediately to an FMLA attorney.

If Your Employer Violates Your FMLA Rights

For the best result when requesting leave under the Family and Medical Leave Act, try to coordinate and work with your employer to schedule your leave at a convenient time and give your employer plenty of advance notice of your request.

It is illegal for employers to restrain, interfere with, or deny an employee’s FMLA rights. An employee can file a civil action against an employer for violating the Family and Medical Leave Act. You can recover damages for lost pay, benefits, and interest if your claim prevails.

You have two years from the date of an FMLA violation to bring a claim. Do not wait two years. If your leave is wrongly denied, consult a New York FMLA lawyer immediately. Employees wrongly denied leave are entitled to reinstatement or promotion and may recover lawyer’s fees and the costs of legal action.

How Are Family and Medical Leave Act Disputes Resolved?

No working person in New York or New Jersey should ever have to worry about protecting their Family and Medical Leave Act rights from a shady employer. Unfortunately, some employers still take advantage of employees, violate their employment rights, and put their jobs at risk.

The team at The Law Office of Vincent Miletti, Esq., often obtains negotiated, out-of-court settlements for our clients in Family and Medical Leave Act cases, but we are always ready to offer representation at trial if we cannot settle your case through out-of-court negotiations.

Our impressive record of success in the New York and New Jersey courts speaks for itself. Our clients and colleagues recognize us as a leading New York law firm in the defense of employees’ rights.

What Can You Recover With an FMLA Lawsuit?

If you win a Family and Medical Leave Act lawsuit, the specific damages and relief you recover will hinge on the details of your case, but many employees recover:

1. Back Pay and Benefits: Wages, salary, bonuses, and other benefits you lost from the date of the Family and Medical Leave Act violation.
2. Liquidated Damages: The court may order the payment of liquidated damages, typically equal to your back pay, to punish an employer’s willful violation of your FMLA rights.
3. Reinstatement: A court may order your employer to reinstate you to your previous position or a job with equivalent pay, benefits, and responsibilities.
4. Attorney’s Fees and Court Costs: If your Family and Medical Leave Act lawsuit prevails, the court may order your employer to pay your legal fees and court costs.

Why is an Attorney’s Help Essential?

Family and medical leave benefits individuals, families, and society. For businesses, it leads to higher productivity, lower employee turnover, and good employee morale. If an employer is violating your Family and Medical Leave Act rights, the violation needs to stop now.

Statistics prove that employees represented by lawyers have better outcomes in FMLA cases. Representing yourself can lead to costly mistakes. At The Law Office of Vincent Miletti, Esq., we provide a free first consultation, so there is no cost to speak with a New York FMLA lawyer.

We Can Help If Your Employer Violates Your FMLA Rights

If a New York or New Jersey employer violates your FMLA rights, take the case to a New York City Family and Medical Leave Act lawyer. At The Law Office of Vincent Miletti, Esq., we know what it takes to set things right and obtain justice.

The Law Office of Vincent Miletti offers exceptional legal services in a small-firm environment. We focus our complete attention on the details of your case. We take the time to get to know you and understand your case so that we can adapt our skills to meet your particular legal needs.

About The Law Office of Vincent Milletti, Esq.

Where can you find help with your Family and Medical Leave Act rights? Attorney Vincent Miletti has over fifteen years of experience as a New York City Family and Medical Leave Act attorney. He advises and represents clients throughout New York and New Jersey.

We will provide your first legal consultation with The Law Office of Vincent Miletti, Esq., at no cost or obligation if your employer violates your Family and Medical Leave Act rights. We will discuss your employment situation and develop an effective strategy for protecting your rights.

If an employer infringes on your FMLA rights, or if you are a victim of wrongful termination, harassment, hiring discrimination, or a wage-and-hour violation, immediately call The Law Office of Vincent Miletti, Esq., at 314-648-2586 in New York or 609-293-5928 in New Jersey.