Family & Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA), passed in 1993, gives employees the right to take up to twelve weeks of unpaid leave to address serious health issues or take care of a family member with a serious health condition.

In order to be eligible for FMLA leave, an employee must be working for a company with at least fifty employees, they must have worked there for at least one calendar year, and they must have worked at least 1250 hours.

The employee or their family member must be suffering from a serious health condition, such as: a condition requiring an overnight stay in a hospital; being incapacitated for more than three consecutive days and require ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication); chronic conditions that cause occasional periods when you or your family member are incapacitated and require treatment by a health care provider at least twice a year; and pregnancy. Employers must inform employees of their rights under the FMLA. Failing to do so is a violation of the FMLA

Employers may not interfere with an employee's attempt to utilize FMLA leave. Interference includes: refusing to authorize FMLA leave for an eligible employee, discouraging an employee from taking FMLA leave, manipulating an employee’s schedule to avoid FMLA eligibility, or counting FMLA leave under “no fault” attendance policies.

Similarly, Employers may not retaliate against employees for taking FMLA leave. Retaliation involves using an employee’s request for or use of FMLA leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary actions, or, termination.

If you believe that your employer has interfered with your use of FMLA leave, or retaliated against you for taking FMLA leave, contact The Harman Firm.

New York Employment Attorneys Blog - FMLA