Denied Family or Medical Leave? Your Rights Under FMLA & NY Paid Family Leave

Balancing the demands of your job with the critical needs of your family or your own health is one of life’s greatest challenges. Fortunately, federal and New York state laws provide a vital safety net, allowing eligible employees to take job-protected leave to care for a new child, a seriously ill family member, or to recover from their own medical condition. These laws—the federal Family and Medical Leave Act (FMLA) and New York Paid Family Leave (NYPFL)—are not just benefits; they are your legal rights.

Too often, however, employers interfere with these rights, wrongfully deny leave requests, or punish employees for taking the time off they are legally entitled to. If you have been denied leave or faced retaliation after returning to work, you are not alone, and you have legal recourse. At Leeds Brown Law, P.C., our experienced employment attorneys are dedicated to upholding **caregiver rights in New York**. For over 35 years, we have fought for workers across New York City and Long Island, ensuring that employers who violate these critical laws are held accountable.

Understanding Your Job-Protected Leave Rights in New York

It’s important to understand the two primary laws that protect your right to take leave. While they often work together, they have different eligibility requirements and provide different benefits.

• The Family and Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year. It also requires that their group health benefits be maintained during the leave.
• New York Paid Family Leave (NYPFL) is a state law that provides eligible employees with up to 12 weeks of paid, job-protected leave to bond with a new child, care for a family member with a serious health condition, or assist loved ones when a family member is deployed abroad on active military service.

A knowledgeable **Long Island FMLA attorney** can help you determine your eligibility under both laws and ensure you are receiving the full protection and benefits you are owed.

Common FMLA & NYPFL Violations We Fight

Employers can violate these laws in many ways, from outright denial to more subtle forms of interference and punishment. As a leading **FMLA lawyer in NYC**, our firm frequently litigates cases involving these common violations:

Wrongful Denial of Leave

You may have a claim if your employer incorrectly tells you that you are not eligible for leave, denies a valid request without a legitimate reason, or delays the approval process unreasonably. If you were **denied medical leave in NY** for a qualifying serious health condition for yourself or a family member, your employer may be in direct violation of the law.

Retaliation for Requesting or Taking Leave

This is one of the most serious and common violations. **Retaliation for taking FMLA** or NYPFL is strictly illegal. It can take many forms, including:

• Terminating your employment shortly after you request leave or return from it.
• Demoting you or moving you to a less desirable position upon your return.
• Reducing your pay, hours, or responsibilities.
• Giving you an unfair negative performance review.
• Subjecting you to harassment or a hostile work environment for taking leave.

Employers will often try to disguise retaliation by creating a false reason (a “pretext”) for the negative action. Our attorneys are skilled at uncovering this pretext and proving the employer’s true, illegal motive.

Interference with Your Rights

An employer cannot interfere with, restrain, or deny your attempt to exercise your FMLA or NYPFL rights. Interference can include:

• Discouraging you from taking leave.
• Failing to inform you of your rights and responsibilities under the law.
• Using your taking of leave as a negative factor in employment actions, such as hiring, promotions, or disciplinary decisions.
• Requiring you to perform work while you are on protected leave.

Failure to Reinstate to an Equivalent Position

A cornerstone of these laws is **job protection under FMLA and NYPFL**. When you return from leave, you must be reinstated to your original job or an “equivalent” position. An equivalent position must be virtually identical in terms of pay, benefits, shift, location, and other terms and conditions of employment. An employer cannot bring you back to a dead-end role with fewer responsibilities as a form of punishment.

Protecting New Parents: Your Right to Bonding Leave

Both FMLA and NYPFL provide job-protected leave for parents to bond with a newborn, newly adopted, or newly placed foster child. New York Paid Family Leave is particularly beneficial, providing partial wage replacement during this critical time. If your employer has denied your request for time off after the birth or adoption of your child, you should immediately contact a **bonding leave lawyer in NYC** to protect your rights and your growing family.

What to Do If Your Leave Rights Have Been Violated

If you believe your employer has violated your FMLA or NYPFL rights, it is crucial to act strategically to protect your claim.

1. Keep All Documentation: Save copies of all leave request forms, emails to and from HR or your manager, doctor’s notes, and any denial letters.
2. Document Everything: Keep a private log of all conversations related to your leave. Note the dates, who you spoke with, and what was said.
3. Preserve Performance Records: Gather copies of your past performance reviews, emails praising your work, and any other documents that show you were a competent employee. This can help defeat an employer’s claim that you were fired for “poor performance.”
4. Contact an Experienced Employment Lawyer: Navigating the complexities of federal and state leave laws can be difficult. An attorney can evaluate your case, explain your options, and handle all communications with your employer.

Contact a New York FMLA and Paid Family Leave Attorney

You should never have to choose between your job and your family’s health or your own well-being. The law protects your right to do both. If your employer has denied you leave or punished you for taking it, the attorneys at Leeds Brown Law, P.C. are here to fight for you.

We have decades of experience representing employees in complex FMLA and NYPFL cases across Nassau County, Suffolk County, and the five boroughs of New York City. We understand the tactics employers use and how to build a powerful case to secure the compensation and justice you deserve. Contact us today for a free and confidential consultation. Call us at (516) 873-9550 or fill out our online form to get started.