Family Medical Leave Act

The Family and Medical Leave Act (FMLA) is a federal law passed in 1993 that grants eligible employees the right to take unpaid leave for personal health care problems or to care for family members with health problems. Over the last two decades, this law has helped employees balance their work and family obligations. However, some employers may willfully violate its provisions.

FMLA Claims

Under the FMLA, as an employee you are guaranteed up to twelve weeks of unpaid leave per year when you have qualifying medical or family needs. To be eligible for FMLA leave, you must have worked at least 1250 hours in the past twelve months and work for a company with fifty or more employees. Valid reasons for requesting FMLA leave may include:

• Caring for your newborn child
• Fostering or adopting a child
• Caring for a spouse, child, or parent with a serious medical condition
• Treatment for or recovery from a serious medical condition that has disabled you
• An emergency situation of a parent, spouse, or child who is an active-duty military member
• Caring for a spouse, parent, child, or next of kin who is severely injured and a covered military service member (26 weeks of leave)

What Happens to Your Job Under the FMLA?

Under the protections of the FMLA, your employer must give you the same or an equivalent position upon your return from leave. This provision also includes the same or similar salary, benefits, and responsibilities that you had prior to your leave. Your employer is also required to continue group medical insurance coverage for you while you’re on FMLA leave, the same as active employees.

Learn More About FMLA Violations From a New York City Employment Attorney

At the Law Offices of Fausto E. Zapata, Jr., P.C., we will fight for you if your FMLA rights have been violated. We will help you negotiate, assess your options, and offer advice on the best way to guarantee your rights under the law.