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Family & Medical Leave Act (FMLA) Claims

New York Attorney for Family and Medical Leave Act (FMLA) Claims

What is FMLA?

The Family and Medical Leave Act of 1993 (FMLA) was designed to protect employees when they need to take a leave of absence from work for specific family and medical issues. The law requires employers to provide their employees with access to FMLA protections for reasonable unpaid absences.

Eligible employees may qualify for up to 12 weeks of unpaid and protected leave throughout any 12-month period. To qualify, employees must present a valid reason and any additional employer required qualifications.

Examples of qualifying reasons for FMLA:

  • The required care of an employee’s newborn child
  • Receiving a foster child or adopting a child
  • Caring for an immediate family member with a serious condition
  • A serious medical condition that disables the employee to be

FMLA Employee and Employer Requirements

This act and its protections only apply to companies with a minimum of 50 employees. An employee must also work no more than 75 miles away from their worksite and have already worked at least 12 months for their company or employer. In addition, they are required to have worked a minimum of 1,250 hours prior to the date requested in the official FMLA leave order.

Need guidance from a New York employment lawyer? Get in touch with our New York Family Medical Leave Act attorneys today for your free consultation!

Protected Employee Rights While on FMLA

Will My Health Insurance be Impacted If I Take a Medical Leave?

When requesting FMLA leave, you are entitled to continue participation in your employer health insurance program.

What Will My Job Look Like After a Medical Leave?

When returning from FMLA leave, your employer has the options of:

  • Returning you to your job
  • Placing you in a similar role
  • Transferring you to a new but equivalent position

Your benefits, status, and terms of employment should remain the same regardless of your new role. An employer is not allowed to restrict or interfere with an employee’s access to FMLA rights. An employer cannot discriminate or discharge any employee for refusing unlawful practices or requests in violation of FMLA policy.

How Does the FMLA Work?

When an employee has a serious medical or familial responsibility requiring leave from work, FMLA provides important protections to prevent employees from needing to sacrifice their family or health to protect their employment status. Employees must provide their employer with as much advanced notices as possible.

For planned absences, employees should try to give their employer a 30-day notice. FMLA can be taken in a single request of blocked time or in smaller, multiple requests if medically necessary. Employees with sick leave or another type of paid time off can use FMLA in conjunction with their paid leave.

FMLA Claim Attorneys at Schwartz Perry & Heller

If you believe that an employer violated your FMLA protected rights, you need to reach out to our firm for seasoned counsel right away. Our attorneys have experience in employment law, and the attorneys at our firm are dedicated advocates for employees.

Our team can review your case and help determine whether further legal action should be taken against your employer. With over 100 years of collective experience, you can trust our attorneys with your New York FMLA claim case. We have a strong track record of success, and our attorneys are known for our personalized and compassionate service to our clients. We are more than happy to discuss your concerns when you are ready.

Call our office today at (646) 490-0221 or contact us online to schedule a consultation.

Meet Our Team

Why Choose Schwartz Perry & Heller LLP?

  • 100+ Years of Collective Experience
  • Personalized & Compassionate Service
  • Award-Winning Legal Counsel
  • A Track Record of Success

Our Testimonials

Our Past Clients Speak to Our Experience
    "Always available, conscientious and extremely knowledgeable."

    Outstanding lawyer. Always available, conscientious and extremely knowledgeable. Excellent at following-up both with his clients and with opposing counsel. Regardless of the size of the case, Brian will put in the work and always treat his clients with the utmost professionalism and respect.

    - N.W.
    "I trusted them entirely."

    I received the most compassionate and professional assistance from SP&H. I felt that Mr. Heller truly cared about me and the situation I was in. He was able to be my voice during a difficult time. He responded promptly to any correspondence, took the time to explain to me any questions or concerns, and helped ease any kind of stress that I had during a dispute with a previous employer. I highly recommend this firm. You are not just a number, they treat you like family. I trusted them entirely. I thank you from the bottom of my heart for all of your devoted time and effort in my legal matter.

    - A.M.
    "Their integrity, personal attention, and knowledge are superior."
    Schwartz, Perry & Heller, LLP are the most skilled Lawyers for your discrimination case in the Tri-State area. Their integrity, personal attention, and knowledge are superior. They won my case and can win yours. Nothing beats the best.
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    "Caring, smart, highly skilled negotiators"
    Davida Perry and Brian Heller are very caring, attentive and highly skilled negotiators who gave me expert representation to win my negotiation and achieve my goals.
    - D.
    "Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help."
    Words are inadequate to express how truly grateful I am to Schwartz & Perry, especially Brian Heller for his help. I first met Mr. Schwartz and Brian Heller a few years ago when I was working at an international firm in an IT role when I contacted them for the free consultation because I felt that I was being setup to be fired. I knew I was being treated unfairly by my manager. I felt utterly helpless and had no idea who to turn to. After meeting with Mr. Schwartz and Brian Heller, I came to understand that the unfair treatment I endured was actually discrimination. They counselled me through being fired and negotiating a settlement; an extremely upsetting and exhausting experience. They explained the rules of employment law while treating me with dignity and kindness. Due to the skill and knowledge of these attorneys, I received a substantial settlement and was able to move on to another company with my self-respect intact and without the financial hardship that would have resulted from losing my job. They also ensured that this employer could not damage my reputation going forward with future employers. Recently, when I had another issue with a different employer; I called Brian Heller right away. I knew that Brian, being extremely well versed on the latest employment laws, would be able to help me. Brian carefully guided me and I was able to “ride the wave” of unprofessionalism and threats of litigation coming my way from my former employer’s attorney. My former employer thought that they could bully and frighten me into staying with them longer so that my new job opportunity would no longer be available, and then they could let me go when it was convenient for them - and I’d be out of work. They didn’t know that I have a Secret Weapon – Brian Heller! Once Brian was on the case, those threats ceased and I was able to accept my new wonderful job and leave the worry and stress behind. I highly recommend Brian Heller and Schwartz & Perry as a firm. Over the years Brian has always treated me with kindness and respect and I have peace of mind because I have someone I trust who is on my side, who can guide me and who is willing and extremely capable of protecting my rights.
    - Former Client
    "From day 1 of the consultation to the very end I felt like the most important client to the firm."
    Amazing team of Attorneys. From day 1 of the consultation to the very end I felt like the most important client to the firm. Brian Heller who I dealt with personally was amazing. Whether it was a call or email responses were very prompt and I was kept informed every step of the way. Even a few calls just to check in and say hello. Truly an incredible experience and I would recommend them to anyone seeking justice. If they take your case they will fight with you to the end. A+
    - D.W.
    "We remain tremendously grateful for his support and look forward to working with him again."
    On short notice, Brian Heller reviewed contracts with complex international dimensions and found important discrepancies that I and other senior-level executives had missed completely. He was fast, thorough, and detail-oriented in providing pragmatic advice that enabled us to be sure that we were getting the fairest and best possible treatment under the law. We remain tremendously grateful for his support and look forward to working with him again.
    - Eric
    "Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me."
    After having a terrible experience at my last job, facing the anxiety again of having to rehash the treatment was daunting. Davida Perry not only did an amazing job calming down my nerves but she fought for me tooth and nail and did a great job securing what my past employer owed me. I won’t lie, there were moments I wanted to give up, but Davida was always there to help me stay focused and realize that I didn’t need to let them win. She was really great at countering all of their arguments, I pity anyone that would try to prove her wrong. She thought of everything we need and kept me constantly updated. Mostly what I appreciated about Davida was her kindness, and her genuine care for my mental health. She wanted to make sure I was taking care of myself during a very trying time. I cannot recommend this firm enough. They all clearly care about their clients and want to do best for you. Don’t be afraid to stand up for yourself, and if you’re worried about the challenges that lie ahead be sure to team with Schwartz Perry & Heller, they will have your back and fight for justice.
    - T.B.