FMLA Violation Attorneys in New York City

Whether you are unwell or someone in your family needs health care, you may be wondering if you can use the Family and Medical Leave Act (FMLA). If you work for a company with 50 or more employees, or if you are employed by a public agency, elementary, or secondary school, you are likely eligible for the Family and Medical Leave Act.

But what happens when your employer does not comply or you are wrongfully terminated for using FMLA? Brown Kwon & Lam understands how challenging health emergencies can be. That's why we work to protect your New York City employment rights.

Rely on the expertise of a skilled FMLA lawyer in New York. Contact us or call (212) 295-5828 now to arrange your consultation without delay.

Understanding FMLA Violations: What Can You Use FMLA For?

There are many nuances in employment law that make navigating the system difficult. Sometimes, your rights may have been violated and you do not even realize it. That is why it is important to know what you can use the Family and Medical Leave Act for and how long you qualify for these protections.

If you are FMLA eligible, you can take up to 12 weeks of leave in any 12-month period for a variety of reasons, including:

• A serious health condition: This includes your own condition, or that of a spouse, child, or parent. Serious health conditions are those that require a hospital stay or treatment at a medical facility. 
  • This includes:
    • Conditions that incapacitate you or a family member for more than three consecutive days and require ongoing treatment
    • Chronic conditions that leave you or a family member incapacitated and require treatment at least twice a year
    • Pregnancy
• Military leave: If your loved one is in the military, you have certain leave entitlements. If you are caring for an injured or sick service member, you may take up to 26 weeks of FMLA leave.
• Birth of a child: You may be permitted to take FMLA leave for the birth of a child to bond with a newborn. In addition, if you are about to adopt or foster, you may take time to bond with the new addition to your family. Men and women have the same right to take FMLA leave to bond with their children. This leave must be taken within one year of the child’s birth.

Identifying an FMLA Claim Against Your Employer

If you work for an employer that falls under FMLA qualifying conditions, yet you have been denied leave, you may wonder if you have a claim against your employer.

Signs that your employer has violated your rights under FMLA include:

• Your employer does not recognize your request, even though it is obviously an FMLA request.
• Your employer requests an exorbitant amount of time notice to use FMLA–even though the law only requires 30 days for foreseeable needs.
• Your employer denies your leave because “now isn’t the best time.”
• Your employer wants you to work from home while on leave.
• You have faced retaliation after taking FMLA leave.

If any of these situations sound familiar to you, you may have an FMLA violation claim against your employer.

Steps to File FMLA Violations

If your employer does not comply with federal FMLA rights, you are entitled to file an FMLA violation with the U.S. Department of Labor’s Wage and Hour Division (WHD).

To file a complaint, you will need to provide:

• Your name
• Address
• Phone number
• Name of your employer
• Location
• Phone number of employer
• Owner or manager’s name
• Circumstances of FMLA request and the employer’s response to the request

Remember, your employer cannot interfere with, restrain, or deny the exercise of FMLA rights, or retaliate against you for filing a complaint and cooperating with the Wage and Hour Division, or bringing a private action to the court.

But if your employer does, know that Brown Kwon & Lam can help.

Protecting Your Rights in New York: Brown Kwon & Lam for FMLA Violations

Facing FMLA violations can be overwhelming and intimidating, especially when your job and financial security are on the line. At Brown Kwon & Lam, we approach every FMLA case with a balance of strategic insight and compassionate advocacy. Our team has in-depth knowledge of both the federal Family and Medical Leave Act and the New York State Paid Family Leave Law, allowing us to guide clients on how these laws interact and what options are available in complex circumstances. If you are unsure whether your rights have been violated or you are experiencing retaliation for approved leave, our firm will review the specific details of your employment, communications with your employer, and relevant documentation to identify your best next steps.

As your advocates, we make sure your complaint is presented clearly to the proper agencies or, if necessary, prepare for litigation in federal or state court. Working with a FMLA attorney New York clients trust can make a significant difference in resolving your case. We tailor our guidance to the unique aspects of the New York City workforce, from large corporate employers to municipal agencies, understanding the challenges employees face in both union and non-union environments. Our experience means we can anticipate how employers in the greater New York area may respond to FMLA claims and help you counter tactics that intend to delay or limit your rights.

We provide practical support at every stage of your case, including:

• Clarifying your options if you have questions about eligibility under New York or federal law
• Preparing documentation and timelines that support your claim and strengthen your position
• Helping you respond to employer communications, including requests for medical certification or pressure to return early
• Representing you if disputes escalate to the New York State Department of Labor, the U.S. Department of Labor, or state and federal court

With our dedicated, client-focused approach, Brown Kwon & Lam ensures you never feel alone during this process. By consulting a FMLA lawyer New York employees rely on, you have a committed advocate who stands for your employment rights, helps protect your position, and works toward solutions that safeguard your long-term well-being. Our focus is always on providing personalized advice, honest communication, and practical strategies that fit the realities of your situation—no matter how complex the issues may seem.

Notifying Your Employer About FMLA Leave: What You Need to Know

Obviously, you cannot leave your job without notifying your employer. Under the FMLA, you must provide appropriate notice to your employer prior to taking leave.

This is often 30 days’ advance notice if possible. However, if an emergency arises, you need to let the employer know as soon as possible. This includes following company policy for calling off, as well as providing enough information about the incident to ensure that it is covered under FMLA.

From there, your leave will be approved for FMLA leave. If you know that you will need additional time off for medical treatments, therapies, etc., you must mention that in your request. If you don’t, your employer may not cover it under FMLA.

However, you do not have to tell your employer your exact diagnosis, or that of a family member. You only need to give enough information that can indicate coverage under FMLA.

Once your employer has approved your FMLA leave, you will be provided with information only about your eligibility, rights, responsibilities, and terms of employment upon return. You will also be notified of the following:

• If you need to provide medical certification from a health care provider.
• Your right to use paid leave/if your employer will require you to use your paid leave.
• Your right to maintain your health benefits and what your payments will be.
• Your right to return to your job at the end of your FMLA leave.

Why Hire a FMLA Attorney in New York?

Deciding whether to work with a FMLA attorney can be an important factor in how your claim is handled and ultimately resolved. Although the Family and Medical Leave Act is a federal law, New York employees are also protected under state regulations, such as the New York Paid Family Leave Law, which can overlap with FMLA benefits and procedures. Understanding how these different laws interact can be complex, and having experienced legal guidance can ensure you do not miss out on critical rights or benefits.

Our team at Brown Kwon & Lam offers more than legal knowledge. We have a deep understanding of the New York labor landscape and the unique challenges of workplaces in New York City. We provide clear explanations of your options, including when it makes sense to pursue state remedies in addition to federal protections. We also handle all aspects of your claim, from gathering evidence to communicating with your employer’s legal counsel or working with the New York State Department of Labor. Because our attorneys have managed disputes with large corporations, local agencies, and a wide range of New York-based employers, we understand tactics often used to resist FMLA claims.

• Insight into local practices that affect FMLA implementation in New York workplaces
• Guidance on documentation required under both federal and state laws
• Representation in hearings at agencies such as the New York State Department of Labor or federal courts located within New York City
• Personalized strategies to protect your job security and support your recovery if your rights are violated

By working directly with our partners, clients can be confident their concerns are addressed promptly and thoroughly. Our FMLA attorneys know the local court systems and are prepared to support your case with professionalism and care, always focusing on what will best serve your long-term well-being.

Connect with an experienced FMLA attorney in New York without delay. Submit an online form to get started.

Frequently Asked Questions

How Do I Know If My Job Is Covered by FMLA in New York?

Your job is covered by FMLA if you have worked for your employer for at least 12 months, have completed at least 1,250 hours during the past 12 months, and your employer has 50 or more employees within 75 miles of your worksite. Many New York employers are covered, but always confirm your eligibility with your HR department or a legal professional.

What If My Employer Did Not Inform Me of My FMLA Rights?

Employers are required to notify employees of their FMLA rights. Failure to do so may be a violation. If this happens, you may have grounds for a claim, and speaking with a legal professional can help you determine the best approach.

Can I Take Both NY Paid Family Leave and FMLA?

In some cases, New York Paid Family Leave (PFL) and FMLA may run concurrently, but not always. PFL covers some situations that FMLA does not and vice versa. Timing, purpose, and employer policies can affect how these leaves overlap. It is important to review both state and federal guidelines for your particular case.

Can My Employer Ask for Medical Certification for FMLA Leave?

Yes, your employer may require you to provide a medical certification when requesting FMLA leave, especially if your leave is related to a serious health condition. However, you are not required to disclose your specific diagnosis—only information necessary to verify your leave eligibility.

Does New York Law Offer Any Additional Protections Beyond FMLA?

Yes, in addition to FMLA, New York State laws such as the Paid Family Leave Act may provide additional benefits for employees facing family or medical needs. These state-level laws often overlap with FMLA, extending protections for more situations or offering different forms of paid leave.

How Long Does an FMLA Claim Take to Resolve?

The time needed to resolve FMLA claims can vary significantly. Some are resolved quickly through negotiation, while others require formal hearings or court action that can extend the process. Having organized documentation and knowledgeable legal support can help move your case forward.

What Should I Do If My Employer Retaliates After I Request FMLA Leave?

If you face retaliation—such as discipline, demotion, or changes to your job conditions—after requesting or taking FMLA leave, you should document every incident in detail. Retaliation is unlawful under both federal and New York State law. Speaking with a FMLA attorney in New York can help you understand your rights and respond to retaliation.

Is My Immigration Status a Barrier to Taking FMLA Leave in New York?

Eligibility for FMLA leave does not depend on your immigration status, but your employment must meet basic requirements. If you have questions regarding your immigration status or confidentiality, contacting an attorney can provide clarity.

How Much Does It Cost to Hire a FMLA Attorney in New York?

Legal representation for FMLA cases often starts with a free consultation to assess your circumstances. If your case moves forward, attorneys may work on an hourly basis or use contingent fees. At Brown Kwon & Lam, we strive for transparent, fair fee structures and discuss all terms up front so you can make an informed decision without surprises.

Where Are FMLA Cases Heard in New York?

FMLA cases may be heard in federal courts, such as the U.S. District Court for the Southern or Eastern District of New York, or resolved through processes with agencies like the New York State Department of Labor. The location depends on the type of claim and the remedies you are seeking.

What If I Have Additional Questions?

If you need further information, the attorneys at Brown Kwon & Lam are available for consultations. We are committed to helping New York employees understand and protect their FMLA rights in all employment situations.

Contact our FMLA lawyer in New York today.