Family and Medical Leave Act only applies to employers with fifty or more employees. New York State and City laws are much more liberal – these laws apply to employers with only four or more employees. All of these laws require that the employee have been employed by the employer for the past twelve months and worked at least 1,250 hours within the past twelve months. If covered, the employee is entitled to twelve weeks of unpaid leave under the Family and Medical Leave Act for any of the following reasons:
- serious health condition of a spouse, child or parent;
- employee’s own serious health condition; or
- birth, adoption or foster care of a child.
It is legal for an employer to require that employees use up vacation/personal/sick time as part of the 12 weeks of leave. However, once the employee returns from leave, he or she must be returned to his or her prior position or an equivalent position.
If you have any questions about your right to medical leave under the Family and Medical Leave Act in New York or New Jersey, please contact us for a free initial consultation.