Eligibility for FMLA – New York FMLA Lawyers

Know Your Rights: Your rights under the Family and
Medical Leave Act must be recognized

The Family and Medical Leave Act of 1993 (FMLA) entitles eligible employees to take job-protected leave for specified family and medical reasons.

During this unpaid leave, an employee will continue to receive the benefits of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to:

• Twelve workweeks of leave in a 12-month period for:
  • The birth of a child or to care for the newborn child within one year of birth
  • The placement of an adopted or fostered child with the employee, and to care for the newly placed child within one year of placement.
• Care for the employee’s spouse, child, or parent who has a serious health condition
• A serious health condition that makes the employee unable to perform the essential functions of his or her job.
• Any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness.

Who is Eligible for FMLA Leave?

If you’ve worked at least 25 hours per week for the past year at a company with 50 or more employees, you are entitled to 12 weeks of unpaid leave under the Family and Medical Leave Act of 1993 (FMLA).

The FMLA is only one law protecting and supporting pregnant employees. If your company tells you that you do not have the right to take maternity leave when your baby is born as you’re not FMLA eligible, they may not be telling you the whole truth. Other laws—both federal and state—prohibit discrimination on the basis of sex and pregnancy, regardless of whether you’re covered by the FMLA.

If you find yourself being denied your FMLA, contact us immediately for guidance and a free consultation regarding your situation, and whatever you do, remember, #DontQuit.

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Family Medical Leave Act News & Insights

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Please call us or fill out the contact form below for a free consultation. Also, please feel free to click our FMLA news and insights below for more information.

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• Your Rights as a Pregnant Employee During the Coronavirus Pandemic
• Eight Laws That Protect Women in the Workplace
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• “What I’ve Learned From My Pregnancy Discrimination Experience” – by Chelsey Glasson
• COVID-19, Your Pregnancy and the Workplace—Is My Severe Coronavirus Anxiety Covered?
• The EEOC Answers Questions on COVID-19, Pregnancy and Your Workplace Rights
• What are My Rights for Paid Leave Under the Coronavirus Pandemic? Coronavirus Employment FAQs and New York Leave Laws
• Reasonable Accommodations in the Workplace for Pregnant Employees