Family Medical Leave Act (FMLA) Claims
Handling FMLA Claims in New York, New Jersey, and Connecticut
Experienced New York City Employment Lawyer
Under a federal state known as the Family and Medical Leave Act (the “FMLA”), eligible workers may take up to 12 work weeks off during any 12-month period and have their job protected while they are gone. To qualify for the protections available through the FMLA, the leave taken must be for one of the following purposes:
- The birth of a child and care for that newborn
- The care of an adopted or foster child placed with the employee within one year of the leave
- The care of a spouse, child or parent who has a serious health issue
- Recuperation from a serious health condition that prevents the employee from performing his or her job
- The care of an employee’s spouse, child or parent who is a covered military member on covered active duty
Under the FMLA, your employer must also continue to provide health care benefits as if you were still working. The Family and Medical Leave Act does, however, have some limitations. If you have questions about whether you qualify, or if your employer has refused your request for leave, the Law Office of Justin A. Zeller can protect your rights.
At the Law Office of Justin A. Zeller, we bring almost 20 years of experience to workers in New York, New Jersey, and Connecticut. We have a thorough understanding of the provisions of the Family and Medical Leave Act, including the conditions for qualifying for leave, as well as the requirements of employers when FMLA leave is rightfully requested.
We take an aggressive approach when representing clients in employment law disputes, taking the time to fully investigate the facts of your case, so that we can learn exactly what happened and what you need to be made whole. We’ll keep you informed of all developments and changes in your case, as well as your rights and options, so that you can make good decisions about how you want to proceed. We work hard to be available and accessible when you need to speak with us and will return all calls and emails as swiftly as possible.
Sound Counsel in FMLA Disputes
Because of our thorough knowledge of the Family and Medical Leave Act, we can quickly determine whether you qualify for leave under its provisions and can help prepare your request for leave. If you qualify and your employer denies your request, we can either work directly with your employer to identify and resolve any issues or file legal action on your behalf to ensure that your rights are protected.
We will also handle any disputes that arise when you come back to work after an approved leave, including:
- Unnecessary delays by your employer—The FMLA only requires that you give two days’ notice before returning to work. Your employer must comply with your request to come back, even if business is slow.
- Job reassignments—Your employer must either give you your old job back or put you in a position with equal pay, benefits, and responsibilities
- Failure or refusal to restore benefits—All your benefits must be immediately restored when you return to work
- Misclassification as a “key employee”—Your employer does not have to hold your job for you if you are determined to be a “key employee.” We will fight for your rights if your employer wrongfully tries to apply this exception to you.
Contact the Law Office of Justin A. Zeller
For an appointment with an experienced New York City employment law attorney, call us at (212) 229-2249 or contact us by email. Your first meeting is without cost or obligation. Evening and weekend consultations can be scheduled upon request. Spanish translation services are available.
We take most employment law claims on a contingency basis. You won’t pay any legal fees unless we recover compensation for your losses.