Federal and New York laws give many employees the right to take protected leave for serious medical conditions, to care for family members, to welcome a new child, or for certain other qualifying events. If your employer denied your leave, interfered with your rights, or retaliated against you for taking protected time off, you have legal options. 

Fearless Justice represents employees throughout Westchester County in disputes involving the Family and Medical Leave Act (FMLA), New York Paid Family Leave, and other workplace leave protections.

Why Employees Turn to Fearless Justice

Taking leave should not put your career at risk. Yet many employees face resistance from their employers after requesting time away from work or returning from an approved leave of absence. Some are denied leave they believe they qualify for, while others return to changed job duties, reduced hours, or even termination.

Employees choose Fearless Justice because:

  • We represent employees—not employers.
  • We handle disputes involving FMLA and New York leave laws.
  • We provide practical guidance tailored to your circumstances.
  • We evaluate retaliation and wrongful termination claims.
  • We advocate for workers throughout Westchester County.

Whether your employer denied your leave request, failed to restore your position, or retaliated against you for exercising your rights, let us help you pursue a resolution. Contact us today to get started.

What Is Family and Medical Leave?

Several laws protect employees who need time away from work for qualifying family or medical reasons. The two that most commonly apply in Westchester County are the federal Family and Medical Leave Act (FMLA) and New York Paid Family Leave (PFL).

Although these laws are often discussed together, they serve different purposes. The FMLA provides eligible employees with unpaid, job-protected leave for certain medical and family situations, while New York Paid Family Leave offers partial wage replacement for qualifying family-related absences. Depending on your circumstances, you may qualify under one law, both laws, or neither.

Understanding which protections apply is often the first step in determining whether your employer has complied with the law.

FMLA vs. New York Paid Family Leave

Many employees assume these programs are interchangeable, but there are important differences.

Family and  Medical Leave Act (FMLA)New York Paid Family Leave (PFL)
Federal lawNew York State law
Generally provides unpaid leaveProvides partial wage replacement
Covers your own serious health condition and certain family needsCovers bonding with a new child, caring for a family member, and certain military family needs
Offers job protection to eligible employeesAlso provides job protection for eligible employees
Applies only if eligibility requirements are metHas separate eligibility requirements under New York law

Because these laws can overlap, some employees may use both forms of leave simultaneously, while others may qualify for only one.

When Can You Take Protected Leave?

The reason for your leave determines which law applies. Under the FMLA, eligible employees may take leave for:

  • Their own serious health condition
  • The birth, adoption, or foster placement of a child
  • Caring for a spouse, child, or parent with a serious health condition
  • Certain qualifying military family circumstances

New York Paid Family Leave covers many family caregiving situations but does not provide leave for your own medical condition. Employees may also have rights under other New York laws, including paid prenatal leave and reasonable accommodations related to pregnancy or disability.

Determining which protections apply can become complicated, particularly when multiple laws intersect.

Can Your Employer Deny Family or Medical Leave?

Sometimes employers deny leave because an employee does not meet the legal eligibility requirements. In other situations, the denial may violate state or federal law.

Problems can arise when an employer improperly refuses to approve qualifying leave, discourages employees from using available benefits, or fails to provide required information about leave rights. Some employees are pressured to postpone medical treatment or return to work before they are medically able.

A denial does not automatically mean your employer acted unlawfully, but it should be evaluated carefully if you believe you met the requirements for protected leave.

Can You Be Fired While on Leave?

An employer may still terminate an employee for legitimate reasons unrelated to the leave itself. For example, a company-wide reduction in force or documented performance issues that existed before the leave may support a lawful termination.

However, employers generally cannot fire someone for requesting or taking protected leave. If the leave was a motivating factor in the decision, the termination may violate federal or New York law.

Timing often becomes an important factor. A termination that occurs shortly after requesting leave or immediately upon returning to work may warrant closer review, particularly if the employer’s explanation has changed over time or conflicts with the available evidence.

What Is Leave Retaliation?

Retaliation occurs when an employer takes adverse action because an employee exercised a protected legal right.

Termination is one example, but retaliation can also include demotions, reduced hours, undesirable assignments, disciplinary action, or negative performance reviews that appear connected to the employee’s use of protected leave.

In some cases, the retaliation is subtle. An employee who previously received positive evaluations may suddenly face increased scrutiny or be excluded from opportunities after returning from leave. While every situation is different, these changes may be relevant when evaluating whether an employer violated the law.

What Should You Do If Your Leave Rights Were Violated?

If you believe your employer interfered with your leave rights or retaliated against you, preserving information can make a significant difference.

Keep copies of leave requests, medical certifications, approval notices, emails with supervisors or human resources, and any documents related to discipline or termination. These records often help establish what occurred and when.

It is also wise to review any severance agreement carefully before signing, as some agreements may affect your legal rights.

Talk to a Westchester County Family and Medical Leave Lawyer

Employees should not have to choose between protecting their health, caring for their families, and keeping their jobs. When employers interfere with protected leave or retaliate against workers for exercising their rights, Fearless Justice steps in.

We represent employees throughout Westchester County in disputes involving the Family and Medical Leave Act, New York Paid Family Leave, wrongful termination, retaliation, and other workplace leave issues. Contact us today to learn how we can help.

Frequently Asked Questions

Is FMLA paid in New York?

No. The Family and Medical Leave Act generally provides unpaid, job-protected leave. New York Paid Family Leave is a separate program that provides eligible employees with partial wage replacement for qualifying family-related leave.

Can I use FMLA and New York Paid Family Leave at the same time?

In some situations, yes. Depending on the reason for your leave and your eligibility, the two laws may run concurrently. The specific circumstances determine how they interact.

Can my employer contact me while I am on leave?

Employers may communicate with employees about reasonable workplace matters during leave. However, requiring employees to perform substantial work or interfering with protected leave rights may create legal concerns.

What if my employer refuses to restore my job after leave?

If you were entitled to job protection under the applicable law, your employer may have violated your rights by refusing to reinstate you or by returning you to a substantially different position. An employment attorney can evaluate whether the employer’s actions complied with the law.

Family and Medical Leave

Federal and New York laws give many employees the right to take protected leave for serious medical conditions, to care for family members, to welcome a new child, or for certain other qualifying events. If your employer denied your leave, interfered with your rights, or retaliated against you for taking protected time off, you have legal options. 

Fearless Justice represents employees throughout Westchester County in disputes involving the Family and Medical Leave Act (FMLA), New York Paid Family Leave, and other workplace leave protections.

Why Employees Turn to Fearless Justice

Taking leave should not put your career at risk. Yet many employees face resistance from their employers after requesting time away from work or returning from an approved leave of absence. Some are denied leave they believe they qualify for, while others return to changed job duties, reduced hours, or even termination.

Employees choose Fearless Justice because:

  • We represent employees—not employers.
  • We handle disputes involving FMLA and New York leave laws.
  • We provide practical guidance tailored to your circumstances.
  • We evaluate retaliation and wrongful termination claims.
  • We advocate for workers throughout Westchester County.

Whether your employer denied your leave request, failed to restore your position, or retaliated against you for exercising your rights, let us help you pursue a resolution. Contact us today to get started.

What Is Family and Medical Leave?

Several laws protect employees who need time away from work for qualifying family or medical reasons. The two that most commonly apply in Westchester County are the federal Family and Medical Leave Act (FMLA) and New York Paid Family Leave (PFL).

Although these laws are often discussed together, they serve different purposes. The FMLA provides eligible employees with unpaid, job-protected leave for certain medical and family situations, while New York Paid Family Leave offers partial wage replacement for qualifying family-related absences. Depending on your circumstances, you may qualify under one law, both laws, or neither.

Understanding which protections apply is often the first step in determining whether your employer has complied with the law.

FMLA vs. New York Paid Family Leave

Many employees assume these programs are interchangeable, but there are important differences.

Family and  Medical Leave Act (FMLA)New York Paid Family Leave (PFL)
Federal lawNew York State law
Generally provides unpaid leaveProvides partial wage replacement
Covers your own serious health condition and certain family needsCovers bonding with a new child, caring for a family member, and certain military family needs
Offers job protection to eligible employeesAlso provides job protection for eligible employees
Applies only if eligibility requirements are metHas separate eligibility requirements under New York law

Because these laws can overlap, some employees may use both forms of leave simultaneously, while others may qualify for only one.

When Can You Take Protected Leave?

The reason for your leave determines which law applies. Under the FMLA, eligible employees may take leave for:

  • Their own serious health condition
  • The birth, adoption, or foster placement of a child
  • Caring for a spouse, child, or parent with a serious health condition
  • Certain qualifying military family circumstances

New York Paid Family Leave covers many family caregiving situations but does not provide leave for your own medical condition. Employees may also have rights under other New York laws, including paid prenatal leave and reasonable accommodations related to pregnancy or disability.

Determining which protections apply can become complicated, particularly when multiple laws intersect.

Can Your Employer Deny Family or Medical Leave?

Sometimes employers deny leave because an employee does not meet the legal eligibility requirements. In other situations, the denial may violate state or federal law.

Problems can arise when an employer improperly refuses to approve qualifying leave, discourages employees from using available benefits, or fails to provide required information about leave rights. Some employees are pressured to postpone medical treatment or return to work before they are medically able.

A denial does not automatically mean your employer acted unlawfully, but it should be evaluated carefully if you believe you met the requirements for protected leave.

Can You Be Fired While on Leave?

An employer may still terminate an employee for legitimate reasons unrelated to the leave itself. For example, a company-wide reduction in force or documented performance issues that existed before the leave may support a lawful termination.

However, employers generally cannot fire someone for requesting or taking protected leave. If the leave was a motivating factor in the decision, the termination may violate federal or New York law.

Timing often becomes an important factor. A termination that occurs shortly after requesting leave or immediately upon returning to work may warrant closer review, particularly if the employer’s explanation has changed over time or conflicts with the available evidence.

What Is Leave Retaliation?

Retaliation occurs when an employer takes adverse action because an employee exercised a protected legal right.

Termination is one example, but retaliation can also include demotions, reduced hours, undesirable assignments, disciplinary action, or negative performance reviews that appear connected to the employee’s use of protected leave.

In some cases, the retaliation is subtle. An employee who previously received positive evaluations may suddenly face increased scrutiny or be excluded from opportunities after returning from leave. While every situation is different, these changes may be relevant when evaluating whether an employer violated the law.

What Should You Do If Your Leave Rights Were Violated?

If you believe your employer interfered with your leave rights or retaliated against you, preserving information can make a significant difference.

Keep copies of leave requests, medical certifications, approval notices, emails with supervisors or human resources, and any documents related to discipline or termination. These records often help establish what occurred and when.

It is also wise to review any severance agreement carefully before signing, as some agreements may affect your legal rights.

Talk to a Westchester County Family and Medical Leave Lawyer

Employees should not have to choose between protecting their health, caring for their families, and keeping their jobs. When employers interfere with protected leave or retaliate against workers for exercising their rights, Fearless Justice steps in.

We represent employees throughout Westchester County in disputes involving the Family and Medical Leave Act, New York Paid Family Leave, wrongful termination, retaliation, and other workplace leave issues. Contact us today to learn how we can help.

Frequently Asked Questions

Is FMLA paid in New York?

No. The Family and Medical Leave Act generally provides unpaid, job-protected leave. New York Paid Family Leave is a separate program that provides eligible employees with partial wage replacement for qualifying family-related leave.

Can I use FMLA and New York Paid Family Leave at the same time?

In some situations, yes. Depending on the reason for your leave and your eligibility, the two laws may run concurrently. The specific circumstances determine how they interact.

Can my employer contact me while I am on leave?

Employers may communicate with employees about reasonable workplace matters during leave. However, requiring employees to perform substantial work or interfering with protected leave rights may create legal concerns.

What if my employer refuses to restore my job after leave?

If you were entitled to job protection under the applicable law, your employer may have violated your rights by refusing to reinstate you or by returning you to a substantially different position. An employment attorney can evaluate whether the employer’s actions complied with the law.