Employees in New York have access to a range of paid and unpaid leave entitlements through federal and state laws, including the federal Family and Medical Leave Act (FMLA), New York’s Paid Family Leave (PFL), and short-term disability insurance. These laws are designed to help employees balance their health and family needs with the demands of their jobs. By providing job protection and financial security, these laws promote family stability and safeguard employees during challenging times. If you believe your rights under these laws have been violated, consult an FMLA lawyer to discuss your options.

While the FMLA provides crucial protections, not all employees are eligible. However, New York offers additional benefits to employees who may not qualify for FMLA leave. Unlike the FMLA, which only guarantees unpaid leave, New York’s paid leave programs provide partial wage replacement for eligible employees. Short-term disability benefits cover employees unable to work due to illness or injury, while the Paid Family Leave Act supports employees who need time off to bond with a new child, care for a family member with a serious health condition, or handle exigencies related to a family member’s military deployment.

What Does the Family and Medical Leave Act Provide?

Under the FMLA, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave within a 12-month period. This leave can be used for various reasons, including:

• Caring for a newborn, adopted, or foster child.
• Providing care for a spouse, parent, or child with a serious health condition.
• Addressing the employee’s own serious health condition that prevents them from performing essential job functions.

The FMLA applies to private-sector employers with 50 or more employees within a 75-mile radius and to all public agencies, regardless of size. To be eligible, employees must meet the following criteria:

1. Have worked for the employer for at least 12 months (not necessarily consecutive).
2. Have logged at least 1,250 hours of service during the previous 12 months.
3. Work at a location where the employer has 50 or more employees within a 75-mile radius.

Employees taking FMLA leave are entitled to continued health insurance coverage under the same terms as if they were actively working. However, the law does not require employers to provide paid leave unless they choose to do so or the employee qualifies for state-level paid leave benefits.

Interference vs. Retaliation Claims Under FMLA

Employees are protected from both interference with their FMLA rights and retaliation for exercising those rights.

FMLA Interference

Interference occurs when an employer unlawfully denies an employee’s right to take FMLA leave or discourages them from doing so. To establish an interference claim, employees must demonstrate the following:

• They are eligible for FMLA leave based on their length of service, hours worked, and employer size.
• They provided sufficient notice to their employer of their intention to take leave.
• Their employer either denied the requested leave or took actions that discouraged them from taking leave.

For example, interference may occur if an employer penalizes an employee for requesting FMLA leave, refuses to reinstate the employee to their original position after leave, or fails to provide accurate information about FMLA rights.

FMLA Retaliation

Retaliation occurs when an employer takes adverse action against an employee for exercising their FMLA rights or reporting violations. Adverse actions can include termination, demotion, reduced hours, or negative performance reviews aimed at discouraging the use of FMLA leave.

To succeed in a retaliation claim, employees must establish:

• They engaged in a protected activity, such as requesting or taking FMLA leave.
• They were qualified for their job.
• They experienced an adverse employment action, such as termination or demotion.
• There is a causal connection between the adverse action and their use of FMLA leave.

Courts often look at the timing of the adverse action in relation to the FMLA request. If the action occurs shortly after leave is taken, a causal link may be inferred. However, if more than two months have passed, the causal connection may be weakened.

No Excuse for Poor Performance

While the FMLA protects employees from discrimination and retaliation, it does not shield them from legitimate disciplinary actions unrelated to their leave. Employers may discipline or terminate employees for poor performance or misconduct, provided these actions are not motivated by the employee’s use of FMLA leave.

However, if an employee’s use of FMLA leave is even one motivating factor in the adverse employment decision, the employer may still be liable for violating the law. Employers must tread carefully to ensure that disciplinary actions are based solely on legitimate business reasons and not influenced by the employee’s FMLA status.

Understanding your rights under both the FMLA and New York laws is crucial. If you believe your employer has violated your rights, consult an experienced FMLA lawyer to explore your options. Legal counsel can help you navigate the complexities of these laws and determine whether you are entitled to compensation or other remedies.