Family & Medical Leave

“You are never strong enough that you don’t need help.” — Cesar Chavez

The U.S. Department of Labor’s Family Medical Leave Act makes it clear:

Employers* (with 50 or more employees) must grant an eligible employee up to a total of 12 work-weeks of unpaid leave of absence during any 12-month period for one or more of the following reasons:

  • for the birth and care of the newborn child of the employee;
  • for placement with the employee of a son or daughter for adoption or foster care;
  • to care for an immediate family member (spouse, child, or parent) with a serious health condition; or
  • to take medical leave when the employee is unable to work because of a serious health condition.

“The FMLA effects employers with 50 or more employees but you may still have a valid grievance if you work for a small company. Talk to us about protecting your rights if you are pregnant or considering family medical leave.” — James Vagnini

The company may discriminate against you or retaliate against you for filing a claim. Some typical discrimination practices include:

  • Reassigning you to a department out of your career path
  • Assigning you to a lower paying position during your pregnancy
  • Refusing medical health care benefits available to other employees
  • Cutting your hours and pay during your pregnancy

If you have been denied your FMLA benefits or feel you have been discriminated against in any way because of your pregnancy, talk to an experienced employment litigation attorney at VKV. Our lawyers offer more than 40 combined years of experience representing clients in cases involving workplace discrimination and violations of federal and New York state labor laws. We have represented employees in thousands of trials and mediations involving discrimination and the denial of workers’ rights.

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