New York FMLA Laws
How the FMLA applies to business throughout New York
At The Watanabe Law Firm, LLC, our employment attorneys represent U.S. and international businesses, executives, and professionals in employment cases involving the Federal and New York Family and Medical Leave Act (FMLA). Our lawyers provide counseling to ensure compliance with the laws, representation in government and agency investigations or prosecution, and defense against allegations of FMLA violation.
The New York FMLA provides covered employees with several benefits required by federal law. Employees who are eligible for family or medical leave are entitled to receive up to 12 weeks of unpaid, job-protected leave during any 12-month period. During this time, a business cannot fire the eligible employee or the business may be prosecuted for an unlawful termination. The FMLA also requires the business to maintain the group health benefits of the employee during leave. Employees may be eligible for leave for the following reasons:
- Birth of a child of an eligible employee and care of the newborn
- Placement of a child with the employee for adoption or foster care
- Care of an immediate family member, such as a spouse, child, or parent, who has a serious health condition
- A serious health condition suffered by the employee that makes him or her unable to perform his or her essential job functions
In addition, New York law provides for partial wage replacement for employees who are temporarily disabled for medical reasons, including pregnancy and childbirth, through state temporary disability insurance. There are also benefits available for spouses, parents, and children of covered military members.
Helping you comply with the New York FMLA
Compliance with New York FMLA laws and related laws is rarely straightforward. In fact, numerous other laws can affect how the FMLA is applied to a business, including the following:
- Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Consolidated Omnibus Budget Reconciliation Act of 1986 (COBRA)
- Americans with Disabilities Act of 1990 (ADA)
- Health Insurance Portability and Accountability Act (HIPAA).
As experienced New York FMLA lawyers, The Watanabe Law Firm, LLC provides comprehensive counseling for our clients to ensure they comply with all the applicable laws. By addressing potential issues head-on, we help businesses maintain a sterling reputation while continuing profitable operations. When a business is accused of violating the FMLA, each trial attorney provides thorough, aggressive defense representation. Our success can be seen in our hundreds of successful trial results.
To speak with one of our knowledgeable New York employment attorneys, contact The Watanabe Law Firm, LLC today. To learn more about how we can help you, complete our contact form, or call us at 212-486-7005.