Family & Medical Leave Act

Rochester Attorney for FMLA Rights

Defending Your Protected Leave Rights in New York

If your life is unexpectedly affected by a family emergency, pregnancy, or serious medical condition, you should not have to be afraid of losing your job. Federal law protects employees who face circumstances that call for extended time off work. The Family & Medical Leave Act of 1993 (FMLA) guarantees as many as 12 weeks of unpaid leave per year to employees who are suffering from a medical condition or who need to care for a family member - including a newborn, adopted child, or foster child. In addition, the law states that employers may not discriminate against workers who take a family or medical leave.

There are three conditions that must be met in order for the employee to qualify for FMLA leave:

  • The employee must have worked for his or her employer for at least one full year.
  • Over the course of the year before the proposed leave, the employee must have worked a minimum of 1,250 hours, or approximately 25 hours per week.
  • The employer must have at least 50 employees who are within a 75-mile radius and who are on the payroll, even if they are only part-time or they are on leave.

If you meet these qualifications and your reason for requesting a leave of absence is valid under the FMLA, then by law you are entitled to receive up to 12 weeks of unpaid leave. In addition, if your employer covers your health insurance, he or she must continue to do so for the duration of your absence. When you return to work, your employer is required to give you the same or equivalent position that you had prior to your leave, without demotion or any cut in pay or benefits.

Schedule Your Consultation Today!

If you believe that you have been the victim of pregnancy discrimination, or if your employer did not observe your FMLA rights, you should not hesitate to retain a Rochester employment lawyer who can help you protect your interests. Call The Glennon Law Firm, P.C. today to schedule a case consultation with an award-winning FMLA attorney. Our firm is exclusively dedicated to employment law cases and we are the leading plaintiff's attorneys for this area!

Reach out to us at (585) 294-0303 now.

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