New York City Family Medical Leave Act (FMLA) Lawyer

Federal law gives most employees the right to take unpaid, job-protected leave for serious health conditions, the birth or adoption of a child, or the need to care for a seriously ill family member. When employers interfere with that right or retaliate against workers who exercise it, the consequences can be just as devastating as a termination based on discrimination. A New York City Family Medical Leave Act (FMLA) lawyer at Mark David Shirian P.C. works with employees who have been denied leave they were entitled to, pushed out of their positions after returning from leave, or subjected to hostility because they asked for time off.

New York City workers face FMLA violations with striking frequency. This is a dense, high-pressure labor market. Employers, from finance firms in Midtown to healthcare systems in the outer boroughs, often resist leave requests, find pretextual reasons to discipline employees who take leave, or restructure roles to eliminate someone while they are out. The law draws a clear line between legitimate business decisions and unlawful conduct, but identifying that line in a specific situation requires looking closely at the timeline, the communications, the HR records, and the employer’s pattern of behavior.

New York State also has its own separate leave laws, most notably the New York Paid Family Leave law, which expands on certain FMLA protections. Understanding how federal and state protections interact is not something employers always explain accurately to their employees, and it is one of the reasons having an FMLA attorney in New York City review your situation before you make any decisions about returning to work, resigning, or signing any agreement matters so much.

FMLA Claims Mark David Shirian P.C. Handles for NYC Employees

• FMLA interference claims: Employers may not block, discourage, or delay leave that an eligible employee requests for a qualifying reason. This includes failing to notify employees of their FMLA rights, demanding recertifications beyond what the law allows, or refusing to restore an employee to their prior position or an equivalent one upon return.
• FMLA retaliation claims: When an employer disciplines, demotes, reassigns, or terminates an employee because that person took or requested protected leave, that is actionable retaliation. The closer in time the adverse action is to the leave, the stronger the inference of retaliation, though timing alone is not required to prove a claim.
• Denial of intermittent leave: Many serious medical conditions require employees to take leave in shorter blocks rather than all at once. Employers who refuse intermittent FMLA leave or who punish employees for absences that qualify as protected intermittent leave are violating federal law.
• Pregnancy and bonding leave violations: FMLA covers leave for the birth of a child and to bond with a newborn during the first year of life. Under New York Paid Family Leave, bonding leave rights extend further. Employers sometimes fail to properly designate pregnancy-related absences as FMLA leave or penalize workers for taking bonding time that the law explicitly protects.
• Serious health condition disputes: The definition of a “serious health condition” under the FMLA is specific. Employers sometimes wrongly conclude that a condition does not qualify and deny leave on that basis. An attorney can assess whether a condition meets the statutory threshold and challenge an improper denial.
• Care for a family member with a serious illness: Employees have the right to take FMLA leave to care for a spouse, child, or parent with a qualifying serious health condition. Employers who refuse this leave or who treat it as unauthorized absence are exposing themselves to significant liability.
• Termination during or shortly after FMLA leave: Being let go while on approved leave, or within weeks of returning, is a fact pattern that courts and the Department of Labor take seriously. It is not automatically unlawful, but it demands a close look at whether the employer’s stated reason holds up.

What NYC Employees Should Do When FMLA Rights Are Violated

If your employer denied your leave request, retaliated against you after you returned, or eliminated your position while you were out, the most important thing you can do immediately is begin preserving records. Save every email, text message, written warning, performance review, and HR communication you can access from personal devices or accounts. Do not delete anything, and do not rely on your employer’s systems to preserve documentation that may later become relevant in litigation.

Federal FMLA claims have a two-year statute of limitations from the date of the violation, extended to three years if the violation was willful. New York State claims under the New York Paid Family Leave law and other state-level protections may carry different deadlines. Missing a deadline permanently bars your claim regardless of how strong the underlying facts are. Consulting an FMLA attorney in New York City as soon as you suspect a violation is the most reliable way to avoid that outcome.

FMLA complaints can be filed with the United States Department of Labor’s Wage and Hour Division, which has a district office in Manhattan at 26 Federal Plaza. The Division can investigate employer conduct and, in some cases, pursue remedies on an employee’s behalf. However, filing an administrative complaint is not always required before bringing a lawsuit, and in many cases employees pursue federal court litigation directly. The Southern District of New York and the Eastern District of New York both handle FMLA cases and have active employment law dockets. Depending on where your employer is headquartered or where you worked, one of these courts may be the right venue for your case.

One of the most common mistakes employees make is waiting to see how things play out. An employer who violated FMLA rights often continues a pattern of behavior, adding layers of pretextual documentation designed to make the termination or discipline look legitimate by the time litigation begins. Acting quickly, documenting carefully, and speaking with an attorney before any meeting with HR or management gives you the best chance of protecting your position.

How FMLA and New York State Leave Law Work Together

New York’s Paid Family Leave law runs parallel to, but is distinct from, the federal FMLA. While FMLA applies to employers with 50 or more employees and covers workers who have worked at least 12 months and logged 1,250 hours in the prior year, New York Paid Family Leave applies more broadly and provides wage replacement, which FMLA does not. Employees covered by both laws simultaneously are entitled to the full range of rights under each, and an employer cannot use one law’s limitations to undercut the other’s protections.

New York City also has its own local law framework, including protections under the New York City Human Rights Law that may apply when a medical condition or caregiving need intersects with a disability or family status claim. A workplace situation that starts as a straightforward FMLA dispute sometimes reveals underlying discrimination or disability accommodation failures. Attorneys who handle FMLA cases in New York City need to understand this layered legal environment, because the strongest claims often involve multiple overlapping statutes rather than one alone.

Employers sometimes mischaracterize their obligations by telling employees that New York Paid Family Leave runs concurrently with FMLA and that together they exhaust the employee’s leave entitlement. That is not always legally accurate, and it is the kind of framing that costs workers rights they did not know they had. An attorney handling your case will analyze which laws apply based on your specific employer size, tenure, and the reason for your leave, and will identify whether any concurrency argument your employer has made shortchanges what you are owed.

Questions NYC Employees Have About FMLA Claims

Does the FMLA apply to every employer in New York City?

No. The federal FMLA applies to employers with 50 or more employees within 75 miles of the worksite, as well as to all public agencies and public schools regardless of size. Employees must also have worked for the employer for at least 12 months and logged at least 1,250 hours in the prior 12-month period to be eligible. New York Paid Family Leave has a broader employer coverage threshold, applying to most private employers, so some employees who do not qualify for federal FMLA may still have state-level leave rights.

What counts as a serious health condition under the FMLA?

A serious health condition is an illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a healthcare provider. Chronic conditions that require periodic visits to a provider and cause episodic incapacity, such as migraines, Crohn’s disease, or asthma, can qualify. A routine illness that resolves quickly without ongoing treatment typically does not. The exact facts of your condition matter, and an attorney can assess whether your situation meets the threshold if your employer disputes it.

Can my employer contact me while I am on FMLA leave?

Employers are not prohibited from contacting employees on leave, but the frequency and nature of that contact can become problematic. Requiring an employee to continue performing work duties, attend meetings, or respond to substantive work demands during protected leave can constitute interference with FMLA rights. Isolated requests for information related to transitioning responsibilities are generally considered acceptable. A pattern of contact that effectively requires the employee to remain working is a different matter entirely.

What remedies are available if my employer violated the FMLA?

Successful FMLA claimants can recover back pay for lost wages, front pay in cases where reinstatement is not feasible, the value of lost benefits, and other actual monetary damages. The law also allows for liquidated damages equal to the amount of the actual damages, effectively doubling the recovery, in cases where the employer cannot show that its conduct was in good faith and based on reasonable grounds. Attorney’s fees and litigation costs are also recoverable, which makes FMLA claims financially viable for employees even when the underlying wage loss is modest.

If I was fired while on FMLA leave, does that automatically mean my employer broke the law?

Not automatically, but the timing creates a factual question that employers must be able to answer convincingly. An employer may lawfully terminate an employee during FMLA leave if there is a genuine, independently established reason, such as a pre-planned reduction in force or documented misconduct that predates the leave request. The problem is that employers sometimes use these explanations as cover for what is actually retaliation. The credibility of the business reason, the timeline of events, and whether similarly situated employees were treated the same way are all factors a court examines.

Can my employer require me to use paid leave during FMLA leave?

Yes. Employers are permitted to require employees to substitute accrued paid leave, such as vacation or sick time, to run concurrently with FMLA leave. The total leave period does not extend as a result. However, the employer must have a clear policy requiring this and must communicate it properly. If the substitution requirement was not disclosed or applied inconsistently, that can be a basis for a separate claim.

What if I work remotely or my employer is headquartered outside New York?

FMLA coverage is based on where the employee works and the employer’s size. Remote workers count toward the employer’s total headcount, but for the 50-employee threshold, the count is based on employees within 75 miles of the worksite. For remote employees, the analysis has become more complex as hybrid arrangements have proliferated. New York courts have addressed these situations and the law in this area continues to develop. Where you are physically located, where your employer’s records are kept, and how your employment agreement characterizes your workplace all matter.

Can I bring both a federal FMLA claim and a New York state claim at the same time?

Yes. Federal and state claims can be pursued together in the same lawsuit. In New York, the state and local laws often provide additional remedies or cover situations that fall outside the FMLA’s scope. Pleading both gives your attorney the ability to pursue the strongest available theory of recovery based on the facts of your case.

What if my employer says my leave was not properly designated as FMLA leave?

This is a common employer defense. Employers are required to notify employees when leave qualifies as FMLA leave, even if the employee did not use the specific term “FMLA” in requesting it. If your employer failed to designate qualifying leave as FMLA leave and later used your absence as a basis for discipline or termination, that procedural failure can support your claim. The employer’s duty to designate is not contingent on the employee knowing exactly what to call the leave they are requesting.

Does filing an FMLA complaint with the Department of Labor stop my employer from taking further action against me?

Filing a complaint with the Wage and Hour Division does trigger anti-retaliation protections, meaning your employer cannot lawfully take action against you because you filed. However, it does not automatically halt an ongoing termination process or protect you from all adverse employment decisions. Continuing to consult with an attorney throughout any agency investigation is advisable, particularly if your employment relationship is still active or you are negotiating a separation.

FMLA Representation Across New York City and the Surrounding Region

Mark David Shirian P.C. represents employees dealing with FMLA violations throughout New York City and the broader New York metropolitan area. The firm serves clients working in Manhattan neighborhoods from the Financial District and Tribeca through Midtown, Hell’s Kitchen, the Upper East Side, and Harlem. Employees in Brooklyn, from Downtown Brooklyn and Park Slope through Crown Heights, Flatbush, Bushwick, and Bay Ridge, are also part of the firm’s client base. In Queens, the firm handles FMLA matters for workers in Long Island City, Flushing, Jamaica, Astoria, and Sunnyside, among other communities. The Bronx, including Fordham, Mott Haven, Pelham Bay, and Riverdale, is also covered, as is Staten Island from St. George through Tottenville. Beyond the five boroughs, the firm extends its FMLA representation to clients in Westchester County, Nassau County, Suffolk County, and other areas of New York State where employees need to assert their rights under federal and state leave laws.

Speak with a New York City FMLA Attorney About Your Situation

If your employer denied your leave, penalized you for taking it, or eliminated your job while you were out caring for yourself or a family member, you have options and you have a limited window to act on them. Mark David Shirian P.C. was founded with a clear focus on representing people who have been wronged in the workplace. Attorneys Mark D. Shirian and Shawn D. Shirian bring that same direct, results-oriented approach to every FMLA case the firm handles. Clients consistently describe the firm’s communication and commitment to their cases as what sets the representation apart. As a New York City FMLA attorney who takes the time to understand your specific situation before mapping out a strategy, Mark D. Shirian has the litigation background to take these cases as far as they need to go. Contact the firm today to schedule a confidential case evaluation.