Imagine this: You’re facing a family crisis, a serious health issue, or the joyous, overwhelming arrival of a new baby. The last question on your mind should be, Will I have a job to come back to? Your right to care for yourself and your loved ones is protected by New York State Paid Family Leave (PFL) and the federal Family Medical and Leave Act (FMLA). Yet, employers often play games, create roadblocks, or ignore these crucial protections. Don’t let them. If your employer is making your life harder during an already difficult time, you’re not alone. D’Andrea Law PLLC can be your champion, cutting through the red tape and fiercely defending your rights.
Please don’t hesitate to contact the Firm online for a free consultation.
Your Rights Under PFL and FMLA
Both federal and state laws provide important protections for employees needing time off due to medical or family-related circumstances. However, these laws have different eligibility requirements, benefits, and protections.
Understanding the Basics of PFL
New York State PFL provides up to 12 weeks of partially paid, job-protected leave for eligible employees.
PFL applies to nearly all private-sector employees in New York, regardless of company size, and includes the following provisions:
- Eligibility. Employers with at least one employee must provide PFL for all full-time workers after 26 weeks of employment or 175 working days for part-time workers.
- Qualifying reasons. Employees can use leave to bond with a newborn, adopted, or foster child, care for an ill family member, or address family needs arising from military deployment (although the latter may have different requirements than what is discussed here).
- Benefits. Employees receive a percentage of their average weekly wage, capped at a state-set maximum.
- Job protection. Employers cannot fire or retaliate against employees for taking PFL.
- Health benefits. Health insurance must continue if the employee pays their portion of premiums.
If your employer prohibits you from taking PFL or pressures you to return early, an attorney can help protect your rights.
How Does FMLA Work?
The FMLA is a federal law that provides eligible employees up to 12 weeks of unpaid, job-protected leave in 12 months for qualifying reasons.
Key aspects include:
- Eligibility. Employers must provide FMLA if they have 50 or more employees within 75 miles, with qualified employees having worked for at least 12 months and logged 1,250 hours in the past 12 months.
- Qualifying reasons. Leave can be taken for the birth or adoption of a child, to care for a seriously ill family member, or to recover from a serious health condition.
- Job protection. Employers must reinstate employees to the same or an equivalent position after leave.
- Health benefits. Health insurance coverage must continue under the same terms.
If your employer denies your request for FMLA leave or retaliates against you for using it, a lawyer can help you hold them accountable.
What Happens When Employers Violate Your Leave Rights?
Employers sometimes violate PFL or FMLA protections in the following ways:
- Wrongful denial of leave or discouragement from taking leave—employers claim you do not qualify when you do or discourage you from applying or recommend taking company PTO instead of applying;
- Retaliation or termination—your employer punishes you for requesting or taking leave;
- Failure to reinstate—you are not returned to the same or an equivalent position after taking leave; or
- Interference with leave—your employer discourages you from applying or pressures you to return early or work while on leave.
If you face any of these issues, an attorney can help you file a complaint and seek legal remedies.
How a New York City FMLA or PFL Lawyer at D’Andrea Law PLLC Can Help
At D’Andrea Law PLLC, this Firm believes no one should choose between their job, family, or health. Because I have represented employers in the past, I know how businesses think and the strategies they use to deny leave requests. This inside knowledge helps me to build cases for employees seeking justice.
If your employer has wrongfully denied your leave, retaliated against you, or made it difficult for you to take legally protected time off, I can:
- Negotiate with your employer—to secure the leave you are entitled to under the law; and
- Assist with filing complaints—I can take the initial steps required to file in federal court or before the New York State Workers’ Compensation Board.
I understand how stressful it is to navigate these challenges alone. That is why I take a personalized, aggressive approach to supporting fair treatment of clients in the workplace.
Contact a NYC Family Medical Leave Act or Paid Family Leave Lawyer Today
Do not wait to seek legal guidance if you believe your employer has wrongfully denied your leave or retaliated against you. D’Andrea Law PLLC is committed to protecting employee rights and holding employers accountable. Contact this Firm today for a free consultation to discuss your case and legal options.
Frequently Asked Questions
What Is the Difference Between FMLA and PFL?
FMLA is a federal law that provides unpaid, job-protected leave for up to 12 weeks (excluding military leave). PFL is a state program in New York that provides job-protection and paid leave benefits for up to 12 weeks. Some employees may qualify for both, and these leaves can sometimes run concurrently or consecutively depending on company policy.
Can My Employer Deny My FMLA or PFL Request?
Employers cannot deny a valid FMLA or PFL request if you meet the eligibility requirements. An attorney can help you challenge an unfair rejection of your request.
Can I Be Fired for Taking FMLA or PFL Leave?
No. Both FMLA and PFL protect your job while you are on leave. You may seek reinstatement or file a complaint for being fired after requesting or taking leave.
What Should I Do If My Employer Asks Me to Work While on Leave?
Employers are not allowed to require you to work while on FMLA or PFL leave. If your employer pressures you to check emails, take calls, or perform tasks while on leave, document these requests and seek legal advice.
Disclaimer: This website is for informational purposes only and does not contain legal advice. Please do not act or refrain from acting based on anything you read on this site. Attorney websites, such as this one, are considered attorney advertising. No prior result in a case guarantees a future result that is the same. Each case this Firm handles is individual with different facts and therefore every case is different. This Firm cannot guarantee any specific result in your case.