New York Family and Medical Leave Laws
by
Joseph C. Maya on Jul. 14, 2017
Employment Employee Rights Employment Family Medical Leave Act (FMLA)
Summary: A blog post about the different entitlements New York employees have to different types of leave.
If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, call us today at 203-221-3100, or email Joseph Maya, Esq. at JMaya@mayalaw.com.
New York employers – like employers in every state — must follow the federal Family and Medical Leave Act (FMLA), which allows eligible employees to take unpaid leave for certain reasons. Once an employee’s FMLA leave is over, the employee has the right to be reinstated to his or her position.
New York laws also give employees the right to take time off for family and medical reasons. Employees are entitled to the protections of all applicable laws; if more than one law applies, the employee may use the most beneficial provisions.
In addition to the rights granted by the FMLA, employees in New York are entitled to time off for military family leave and adoption. The state also has a temporary disability insurance program, as explained below.
New York Military Family Leave
Employers with at least 20 employees must give time off to eligible employees who have a spouse who is a member of the National Guard, Reserves, or Armed Forces, and who is deployed during a period of military combat to a combat theater or combat zone of operations. Employers must grant employees up to ten days of leave while the employee’s spouse is on leave during deployment.
Adoption Leave in New York
All employers that offer parental leave for the birth of a biological child must make the same amount of leave available to employee who adopt a child who is preschool age or younger (or who is up to 18 years old, if the child has a disability).
New York Temporary Disability Insurance
New York has a state temporary disability program, which pays eligible employees who are temporarily unable to work due to disability (including pregnancy) up to half of their usual wages. You can get more information on this program at the website of the New York Workers’ Compensation Board (select “Disability Benefits”).
If you feel you have been mistreated by your employer or in your place of employment and would like to explore your employment law options, contact the experienced employment law attorneys today at 203-221-3100, or by email at JMaya@mayalaw.com. We have the experience and knowledge you need at this critical juncture. We serve clients in both New York and Connecticut including New Canaan, Bridgeport, White Plains, and Darien.
Source: NOLO
