Like most working professionals in New York, you likely take your attendance in the workplace very seriously, and avoid missing work as much as you are able. Yet life often presents situations where having to take time away from work is unavoidable. Typically, such situations are due to family or medical issues involving you or members of your immediate. Your fears about having to miss work for an extended period of time are not unwarranted; many of those that come to us here at Raff & Becker, LLP share the same concerns. You will be happy to learn, however, that your employment status may be protected under the Family and Medical Leave Act. 

This particular piece of federal legislation prevents your employer from firing you if you need to take time away from work to deal with a family or medical issues. FMLA allows you to take up to 12 weeks of unpaid leave (every calendar year) in order to accommodate a pregnancy, adopt a child, deal with a serious medical condition or provide care to family member that is dealing with their own medical problem. These weeks of leave can be taken consecutively or broken up throughout the year. Upon returning to work, your employer must allow you to either resume the same position or provide you with a job that is similar to your pervious one in terms of pay, conditions and responsibilities. 

According to the U.S. Department of Labor, you must meet the following criteria in order to qualify for leave under FMLA: 

  • You must have worked for your employer for as least 12 months
  • You must have worked at least 1,250 hours during that 12 months
  • Your employer must employ more than 50 employees that liven within 75 miles

More information on your rights under FMLA can be found throughout our site.