Brooklyn Family Medical Leave Act (FMLA) Lawyer

Workers in Brooklyn who take protected leave for a serious health condition, a new child, or a family member’s illness are supposed to return to their jobs without penalty. That is what the Family Medical Leave Act guarantees on paper. In practice, employers sometimes retaliate, deny valid leave requests, interfere with an employee’s right to use that leave, or terminate workers immediately after they return from FMLA-protected time off. A Brooklyn Family Medical Leave Act (FMLA) lawyer can help you understand whether your employer’s actions crossed a legal line and what remedies may be available to you.

Brooklyn’s workforce spans industries ranging from healthcare systems and logistics operations to education, retail, and an enormous public sector. Across all of these, FMLA violations occur regularly, often in ways employees do not immediately recognize as unlawful. An employer might not call it retaliation. They may frame a termination as a performance issue, a restructuring decision, or a reduction in force that happens to coincide precisely with an employee’s leave period. These patterns are legally significant, and recognizing them early can mean the difference between a viable claim and a missed deadline.

FMLA claims require careful documentation, attention to strict filing deadlines, and a thorough understanding of how federal law interacts with New York State protections like the New York Paid Family Leave Law. If your employer has denied your leave, interfered with your rights, or taken adverse action against you in connection with FMLA-protected leave, speaking with an attorney promptly is the most protective step you can take.

What FMLA Actually Covers for Brooklyn Employees

The federal Family Medical Leave Act applies to private employers with 50 or more employees within a 75-mile radius, as well as to public agencies and schools regardless of size. Eligible employees must have worked for the covered employer for at least 12 months and logged at least 1,250 hours in the past 12 months. These threshold requirements exclude a meaningful portion of workers, particularly part-time employees and those at smaller businesses, which is why it matters whether additional state-level protections apply to your situation.

When coverage does apply, eligible employees are entitled to up to 12 weeks of unpaid, job-protected leave per year for their own serious health condition, to care for a spouse, child, or parent with a serious health condition, for the birth or adoption of a child, or for qualifying exigencies related to a family member’s military deployment. A separate 26-week entitlement exists for employees who need to care for a covered servicemember with a serious injury or illness. Throughout the leave period, the employer must maintain the employee’s group health benefits on the same terms as if the employee had continued working, and upon return the employee is entitled to be restored to the same or an equivalent position.

New York employees benefit from layered protections that extend beyond the FMLA’s baseline. New York Paid Family Leave provides paid, job-protected time off for bonding with a new child or caring for a seriously ill family member, and it covers a broader definition of covered family members than federal law does. New York State Human Rights Law and New York City Human Rights Law add additional obligations on employers related to medical conditions and disability accommodations. An FMLA attorney in Brooklyn will look at your situation through all of these lenses, not just the federal statute.

Common FMLA Claims Handled by Brooklyn Employment Attorneys

• Interference with FMLA rights: Occurs when an employer prevents, discourages, or otherwise impedes an employee from exercising their right to take FMLA leave, including failing to provide required notices or miscounting the weeks available under the employee’s entitlement.
• Retaliation following FMLA leave: An employer cannot demote, terminate, reduce hours, reassign to a less desirable role, or otherwise punish an employee because they exercised their right to take protected leave, even if the employer characterizes the action as unrelated.
• Wrongful denial of FMLA leave: Employers sometimes reject leave requests by claiming the employee is ineligible, that the condition does not qualify as a serious health condition, or that insufficient medical documentation was provided, even when the denial is not legally supportable.
• Failure to restore position upon return: Returning employees are entitled to the same or a genuinely equivalent position. Placing a returning worker in a demoted role, stripping key responsibilities, or reducing compensation violates this restoration right.
• FMLA retaliation after intermittent leave: Employees who use intermittent leave for chronic conditions, such as recurring migraines, a serious mental health condition, or cancer treatment, frequently face discipline for absences that were protected, or find that supervisors begin building a paper trail during the leave period.
• Constructive discharge related to FMLA leave: When an employer makes conditions intolerable after an employee returns from leave, effectively forcing them to resign, this can constitute an actionable FMLA violation even though the employer did not formally terminate the employee.
• Intersection of FMLA and disability discrimination: A serious health condition that qualifies for FMLA leave may also constitute a disability under state or federal law, meaning an employer who fails to accommodate or who terminates based on that condition may face overlapping claims under the Americans with Disabilities Act or New York State and City Human Rights Law.

Why Mark David Shirian P.C. for Your Brooklyn FMLA Case

Mark David Shirian P.C. was founded in 2016 by Attorney Mark D. Shirian with a straightforward goal: to help those who have been wronged. Employment law sits at the core of the firm’s practice, and the firm has recovered millions on behalf of clients in employment-related matters across New York City and New York State. That track record reflects not just courtroom readiness but the kind of case preparation that pushes employers and their insurers toward meaningful resolution.

The firm’s approach is built on close attention to detail, a point that comes through consistently in client feedback. Clients have noted that Attorney Shirian pays close attention to the details that are important to their case, fights hard throughout the process, and keeps clients informed at every stage. In FMLA cases, that detail orientation is particularly consequential. The difference between a strong claim and a weak one often turns on the sequence of communications between the employee and HR, the specific language in the employer’s leave policy, or the timing of an adverse employment action relative to a leave request. Senior Associate Shawn D. Shirian works alongside founding member Mark D. Shirian to provide the kind of attentive, focused representation that complex employment claims require.

For Brooklyn workers whose livelihoods have been disrupted by an employer’s unlawful response to medical leave, having an FMLA attorney in Brooklyn who treats the case with genuine seriousness is not a luxury. The firm’s assertive, creative approach to advocacy, grounded in a real understanding of New York employment law, positions clients to pursue every available remedy.

What to Do If Your Employer Has Violated Your FMLA Rights

The first thing to understand is that FMLA retaliation and interference claims carry strict deadlines. Under federal law, you generally have two years from the date of the violation to file suit, extended to three years if the violation was willful. These limitations periods can pass faster than most people expect, particularly when an employee is focused on finding new work or managing a health condition. Do not wait to speak with a Brooklyn FMLA attorney on the assumption that you have plenty of time.

Begin preserving every piece of documentation you have access to. This includes copies of any leave request forms you submitted, medical certifications provided to HR, written communications with your employer or direct supervisor about your leave, any performance reviews issued before or after your leave period, and any disciplinary notices that appeared during or after your leave. If relevant communications happened verbally, write down what was said, when, and who was present, as soon as possible while the details are fresh.

Employment matters in Brooklyn are handled at several levels depending on whether you pursue a federal or state claim. Federal FMLA lawsuits are filed in the United States District Court for the Eastern District of New York, which covers Brooklyn and Queens and is located at 225 Cadman Plaza East in Brooklyn Heights. If your claim involves a New York Paid Family Leave issue, the Workers’ Compensation Board administers that program and handles disputes at the state level. New York State Human Rights Law claims can be filed with the New York State Division of Human Rights, and New York City Human Rights Law claims may be pursued through the New York City Commission on Human Rights. An attorney can help you determine which forum makes sense given the specifics of your situation, since the choice of forum affects remedies, procedures, and the statute of limitations.

One of the most common mistakes employees make is assuming that because an employer gave a facially legitimate reason for a termination or demotion, no claim exists. Timing matters enormously in FMLA cases. Courts look at whether the adverse action followed closely on the heels of protected leave, whether the employer deviated from its own stated policies, and whether similarly situated employees who did not take FMLA leave were treated differently. An attorney can evaluate these patterns in your specific situation.

Answers to Questions Brooklyn Employees Ask About FMLA

Does the FMLA apply to my job in Brooklyn even if my employer is small?

The FMLA’s coverage threshold requires 50 or more employees within 75 miles, so smaller private employers are not covered by the federal law. However, smaller employers may still be subject to New York Paid Family Leave, New York State Human Rights Law protections, and New York City Human Rights Law, which applies to employers with four or more employees. An attorney can identify which laws apply to your specific employer.

Can my employer require me to use vacation or sick leave during FMLA leave?

Yes. The FMLA itself provides for unpaid leave, and employers are permitted to require employees to run their accrued paid leave concurrently with FMLA leave. The practical effect is that an employee uses paid leave during the FMLA period, but the total leave time does not extend beyond 12 weeks unless the employer agrees otherwise. Employers must communicate this substitution policy clearly.

What counts as a “serious health condition” under the FMLA?

The FMLA defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Continuing treatment generally requires incapacity for more than three consecutive calendar days plus treatment by a healthcare provider, or a chronic condition that causes periodic incapacity and requires at least two visits per year to a healthcare provider. Common examples include cancer, heart conditions, serious mental health disorders, and pregnancy complications.

My employer approved my FMLA leave but then fired me the day I returned. Is that legal?

That situation raises serious legal questions. While it is not automatically unlawful to terminate a returning employee if there is a genuinely independent, non-discriminatory reason for the decision, the timing in that scenario is exactly the kind of evidence courts look at when evaluating retaliation claims. If the employer cannot point to a legitimate, documented reason that was established before the leave began, the claim warrants a close legal analysis.

I use intermittent FMLA for a chronic condition and my supervisor has started writing me up for attendance. What can I do?

Disciplinary action for absences that are protected under FMLA-approved intermittent leave is a textbook interference or retaliation claim. Employers cannot count protected FMLA absences as attendance violations in their disciplinary systems. Document every instance of discipline you have received, confirm in writing which absences were designated as FMLA-protected, and consult an attorney promptly. These situations often escalate quickly toward termination.

Does New York Paid Family Leave give me more time off than the FMLA?

The FMLA provides 12 weeks of unpaid federal protection, while New York Paid Family Leave provides a separate, paid entitlement that phases up over time. The two entitlements can run concurrently for overlapping qualifying reasons, but they are not automatically additive. Additionally, New York Paid Family Leave covers a broader set of family relationships than the federal FMLA does, so some situations qualify under state law that would not qualify under federal law.

Can I sue my employer and also file with a government agency for the same FMLA violation?

For pure FMLA claims, you are not required to exhaust administrative remedies before filing suit in federal court. However, claims brought under New York State or City Human Rights Law may have different procedural requirements depending on how they are filed. An attorney can help you map the right strategy for preserving all available claims without inadvertently waiving any of them.

What damages are available if I win an FMLA case?

Successful FMLA claimants may recover lost wages, salary, employment benefits, and other compensation lost as a result of the violation. In interference cases where you were denied leave, you may be entitled to actual monetary losses. Reinstatement to your former position or its equivalent is also available. In some cases, liquidated damages equal to the compensatory amount may be awarded, effectively doubling the recovery, unless the employer can show the violation was in good faith. Attorney fees and costs are also recoverable.

My employer claims the position I held no longer exists when I returned. Is that a valid reason not to restore me?

Employers are permitted to eliminate positions during the course of an employee’s FMLA leave if the elimination would have occurred regardless of the leave. The burden is on the employer to demonstrate that the position elimination was not related to the leave and that the employee would have been laid off even if they had continued working. Courts scrutinize these claims carefully, particularly when the position was eliminated during the leave window or when similarly situated employees were retained.

What if my employer retaliates against me after I filed an FMLA complaint internally through HR?

Retaliation against an employee for complaining about an FMLA violation, whether through an internal HR complaint, a government agency filing, or participation in an investigation, is itself an independent FMLA violation. If the adverse action followed an internal complaint, that sequence strengthens the claim. Document the dates and substance of any complaint you made and any subsequent adverse actions, and bring that documentation to your attorney.

Serving Brooklyn and Surrounding New York Communities

Mark David Shirian P.C. represents employees in FMLA and employment law matters throughout Brooklyn and across New York City and New York State. Clients come to us from neighborhoods across Brooklyn including Flatbush, Crown Heights, Williamsburg, Greenpoint, Sunset Park, Bay Ridge, Bushwick, Bed-Stuy, Borough Park, Canarsie, East New York, Park Slope, Cobble Hill, Carroll Gardens, and Red Hook. The firm also serves workers throughout Queens, including Jamaica, Astoria, Flushing, Jackson Heights, and Forest Hills, as well as clients across the Bronx, Staten Island, and Manhattan neighborhoods from Harlem through Midtown and Lower Manhattan. Beyond the five boroughs, the firm’s employment law representation extends to communities in Nassau County, including Hempstead, Freeport, and Valley Stream, as well as clients across Westchester, Long Island, and other parts of New York State. Wherever you are working in New York, if your FMLA rights have been violated, the firm is positioned to help.

Speak With a Brooklyn Family Medical Leave Act Attorney

A Brooklyn FMLA attorney at Mark David Shirian P.C. can review what happened with your leave, assess whether your employer’s actions give rise to a federal or state claim, and help you understand what remedies may be available. FMLA violations have real financial consequences, including lost wages, lost benefits, and the disruption of being forced out of a job while managing a health condition or caring for a family member. The firm’s employment law practice is built around clients who have been treated wrongly by their employers, and the team brings the same assertive, detail-focused approach to FMLA claims that it does to every case it handles. Call Mark David Shirian P.C. to schedule a confidential case evaluation with a Brooklyn family medical leave act attorney and get a clear picture of where your claim stands.