Understanding Your Right to Medical Leave Under the FMLA in New York
If you work for a company in New York with 50 or more employees, and you’ve logged at least 1,250 hours over the past 12 months, you may be entitled to take up to 12 weeks of unpaid, job-protected leave under the Family and Medical Leave Act (FMLA).
The FMLA is a federal law that protects your right to take time off for certain serious health-related situations—without losing your job.
What Qualifies as a “Serious Medical Condition”?
A “serious medical condition” could include things like:
- Undergoing treatment for cancer
- Recovering from surgery
- Managing a chronic condition such as diabetes or heart disease
However, minor illnesses like the common cold typically do not qualify under FMLA.
It’s important to note that you can also take FMLA leave to care for a family member with a serious health condition—not just for your own health.
What Happens When You Return From FMLA Leave?
In New York and across the country, your job—or a comparable one—must be waiting for you when you return from approved FMLA leave. However, this doesn’t always happen the way it should.
Some common forms of employer retaliation include:
- Being reassigned to a position with less responsibility or lower pay
- Sudden write-ups or performance reviews that didn’t happen before
- Being placed on a Performance Improvement Plan (PIP) as soon as you return
- A pattern of your supervisor treating you differently or unfairly
These actions may be subtle, but they can be signs that your employer is violating your rights.
What If My Employer Doesn’t Follow the FMLA Rules?
Even if your employer doesn’t acknowledge your FMLA rights, they are still legally obligated to honor them. If you qualify for FMLA leave, your job is protected—period.
If you believe your FMLA rights were ignored or you’ve been punished for taking medical leave, you may have a case.
We’re Here to Help
At D’Orazio Peterson, we help New Yorkers who have experienced workplace retaliation after medical leave. If you think your employer violated your FMLA rights, contact us today for a consultation. You deserve to know your rights—and have someone by your side when they’re violated.