Albany County FMLA lawyers

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Albany County FMLA Attorneys

Albany County, New York, is home to some 300,000+ residents, many of whom both live and work within the County.  Albany County is also home to many large employers and government employers - both of which are often subject to the Family & Medical Leave Act ("FMLA").  Visit here for an in-depth look at the FMLA.  

What Does the FMLA protect in Albany County?

The FMLA protects employees of large companies and municipalities if they are required - because of a serious health condition - to take time off from work.  Covered employees are generally entitled to up to 12 weeks of protected leave.

What types of leave are protected?

The FMLA generally protects for leave to treat your own serious health condition (for which you are receiving treatment) or for the serious health condition of a family member, including a child or, in some cases, parent.  It also protects some employees who have had to take leave because of a military commitment. 

What Employees in Albany County are covered by the FMLA?

The FMLA applies to those employees who work for public employers or a private employer with 50 or more employees in a 75-mile radius and employees who have worked for that employer for at least 1250 hours in the preceding year. An experienced employment attorney can determine whether the FMLA applies to you.

The New York State government (and its various agencies) employ hundreds of thousands of employees - the vast majority of whom are protected by the FMLA.  This also includes Albany County employees, generally City employees as well as teachers.

Where are FMLA cases handled in Albany County?

The City of Albany is home to the James T. Foley United States District Courthouse.  This courthouse, located on Broadway in downtown Albany, is the starting point for lawsuits alleging violations of Federal Laws - including the FMLA.  

Foley
James T. Foley Federal Courthouse

The process of starting an FMLA lawsuit in Albany County is fairly straightforward.  The attorney prepares the documents to start the case (the Complaint), and files them electronically together with the required filing fee.  The court then issues the Summons, which the attorney is required to serve on the Albany County FMLA defendant.

One of the nice things about FMLA cases in Albany County Federal Court is that the system is mostly electronic.  Most documents are filed by attorneys electronically, which means that expensive and time consuming court appearances are not that often necessary.

What if I work for a small Albany County employer not covered by the FMLA?

Albany County is also home to many small employers.  If you are not eligible for FMLA leave because you work for a small company, you may be protected by the Americans with Disabilities Act which applies to employers with 15 or more employees or the New York State Human Rights Law which applies to employers with 4 or more employees. It is always important for employees to protect their rights by requesting time off and specifying the reason and complaining if that time off is denied.

If you have questions about an FMLA lawsuit in Albany County contact us today.

Or, for a quick, confidential case review, complete our intake questionnaire here.

Personal Injury

Have you been injured at a job site, or in a vehicle? D’Orazio Peterson is an experienced Personal Injury law firm. If you have experienced serious injury due to negligence or malice, be sure to contact us to see what we can do to help you receive the justice you deserve.

Employment Law

If you were recently laid off during maternity leave or you’re having trouble at work and think discrimination is to blame, you have the right to fight back against your employer’s poor behavior. D’Orazio Peterson handles employment law cases involving FMLA violations and incidents of discrimination based on age, gender, race or disability.

Medical Errors

Medical errors are a leading cause of death, and many are preventable. We work towards eliminating those errors.

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