Frequently Asked Questions About the Family Medical Leave Act in New York

Answers from compassionate employment law attorneys in New York City

The Family Medical Leave Act (FMLA) was established to protect the stability of jobs when we need it the most—when we, or our loved ones, are faced with a health crisis. When you are confronted with a health crisis in your family, the New York City FMLA attorneys at Hepworth, Gershbaum & Roth, PLLC are here to look out for your best interests and your future. The last thing you should have to worry about is whether you are going to lose your job. We can answer all of your questions about your options through this difficult time and decide which legal option best protects you in your situation.

Schedule a free initial consultation with a New York City FMLA attorney

We cannot answer all of your questions on a single webpage. That is why we offer free initial consultations for you to speak with an experienced New York City FMLA attorney and have the rest of your questions answered. Call us at 212-545-1199 or contact us online to meet with a knowledgeable attorney from Hepworth, Gershbaum & Roth, PLLC.

How much leave am I entitled to under the FMLA?

You are entitled to 12 weeks of leave within any 12 month period if you or a loved one have a significant illness. The time does not need to be taken consecutively and your employer cannot take any action that demonstrates prejudice against your for exercising this right. Contact our New York City FMLA enforcement attorneys if your employer discriminates against you in any way for taking this leave.

Do I get paid for the time off I take under the FMLA?

Your employer is not obligated to pay you your normal wages for leave you take under the Family Medical Leave Act. However, you or the employer can elect to use accrued paid leave, vacation or sick leave during the leave you take.

Can time taken off for pregnancy complications count against the 12 week leave you planned to use for maternity leave?

Unfortunately, yes. Some employers count time you take off for complications during your pregnancy to reduce the time you are off after the birth of your child. The 12 weeks in 12 months does not grant you additional protections under these circumstances.

Are there limitations to who you can take time off for?

The FMLA only allows you to take leave for yourself or immediate family members. Immediate family includes spouses, children (adopted or biological), and your parents. Unfortunately, children capable of caring for themself over the age of 18 are not protected by the FMLA.

Does the size of my employer matter?

Yes. Only companies with 50 or more employees within a 75 mile area are obligated to follow the FMLA. These determinations can quickly become complicated with national companies having many offices and subsidiaries. Call our New York City FMLA enforcement attorneys to help you evaluate whether your employer must adhere to the law.

Do you have to disclose what medical condition you have before taking leave under the FMLA?

No. You and your family have the right to privacy during your time of crisis. Employers are allowed to request certification that a serious medical condition exists to substantiate your absence. However, they have no right to request any specifics about the medical issue.