New York City Family Leave and Reasonable Accommodations Lawyers
New York, New York
At Tully Rinckey, we have a thorough understanding of the Family and Medical Leave Act (FMLA) and Americans with Disability Act (ADA) and have helped many New Yorkers get the leave and accommodations they are entitled to, without the fear of employment repercussions.
Passed by Congress in 1993, the FMLA was passed by Congress to allow workers to take time off to provide for a newborn, take care of an ill family member, or manage their own health, guaranteed for up to twelve weeks per year.
Certain qualifiers must be met to be eligible for FMLA leave:
Have worked for your employer for at least 12 months and worked for at least 1,250 hours during the previous 12-month cycle.
Work at a location where your employer has at least 50 employees within 75 miles of your worksite. Government workers are covered regardless of the employee amount or worksite location.
When you return from FMLA leave, you have the right to be reinstated to your old or similar job with no loss of benefits. You also have the option of keeping any employer-sponsored health insurance while on leave, as long as you continue to make any mandatory employee contributions.
It is prohibited for an employer to intimidate, threaten, or force an employee, or to seek to interfere with, impede, or reject an employee's exercise of FMLA rights, either directly or indirectly. Employers cannot promise a benefit in exchange for an employee's refusal to take FMLA leave, nor can they take or threaten retaliation against an employee for taking FMLA leave, filing a charge or complaint, providing information in connection with an investigation or proceeding, testifying in court on an FMLA case, and so on. Also, it is illegal for an employer to terminate or discriminate against an employee who makes use of their FMLA rights.
Employees looking to make a claim have two years from the date of the FMLA violation.
An accommodation is a modification to the work environment or task that enables someone who is otherwise competent to fulfill the job's fundamental functions. An accommodation is reasonable if it does not endanger the employee or cause the employer an “undue hardship.”
An undue hardship for the employer could mean a variety of things, for example, depending on the size or type of work being done as well as the resources available could all be factored into offering or accepting proposed accommodations. In theory, if an employer were to reject a proposed accommodation on the basis of undue hardship, they should be willing to show how and work with the employee on providing some alternative options.
What Our Clients Are Saying:
Unfortunately, I had EEOC issues that I could not resolve with my employer. After several weeks of searching for a law firm with the knowledge, ability and resources to take on an EEOC case against a large agency, I heard about Tully Rinckey, PLLC., Allen Shoikhetbrod, my attorney at Tully Rinckey, is phenomenal. Allen is extremely knowledgeable about EEOC and government agency issues. Experienced, honest, professional, detail-oriented, empathetic and warrior are words I would use to describe him. Tully Rinckey is a professional law firm that cares about the individual, not just the numbers. There were no surprise or hidden fees, phone calls and emails were promptly answered. The legal representation and advice provided during my case was well worth the cost. I would definitely recommend Tully Rinckey to family and friends.
We needed some quick and basic legal advice for our company regarding employee relations. Within 24 hours of calling we had a phone consultation set up with a lawyer (one specialized in our type of legal subject). Ryan was attentive, thorough and answered all our questions. The fee was very reasonable as well. All the other firms I called were booked up for a while and required and In-Office consult which we didn't have time to wait for - we needed advice ASAP. Tully Rinckey came though and gets 5/5 stars and we will definitely be returning for any/all our future legal challenge.
My experience with Allen S. was nothing but professional. I was referred to Allen by a former colleague and he did not disappoint. Allen was very down to earth, very knowledgeable and he thoroughly explained the EEO and ADR process, while helping me manage my expectations for resolution. I was well represented in my ADR and so I felt heard by management in my complaint. If you’re looking for strong representation in your EEO case, I would highly recommend that you reach out to Allen S. He did a fabulous job and I am a satisfied client.
Tully Rinckey did a great job on my case. They were extremely knowledgeable and had a great bedside manner. They was obviously also highly respected by the members of the board we appeared before.
When a Judge refers to your attorney as the world famous Mat Tully, you know you have the right lawyer on your side. Mr. Tully has won several cases for me, with one being a landmark decision, and I watched as he took on the US Department of State, the US Department of Justice and wowed the entire Merit System Protection Board. When you have a case involving military, employment law or USERRA, you must call Mathew Tully first. Mr. Tully is a military officer, former civilian federal employee and a columnist, so he knows the system inside and out. He will explain the strengths and weaknesses of your case and then provide a clear, unambiguous direction and strategy. He is a no nonsense lawyer and will not accept any money from you unless he feels he can truly win.
Our Family Leave and Reasonable Accommodations Attorneys are Available to Assist you Today
If your employer still refuses to provide reasonable accommodations or work with you in good faith to develop a solution, you might be able to file a complaint with the Equal Employment Opportunity Commission (EEOC) or New York Human Rights Commission (NYHRC). An experienced Tully Rinckey labor and employment attorney can help you determine if you are covered under the ADA or New York State and City anti-discrimination laws and advise you on the best path forward for filing your claim.
Our New York City labor and employment attorneys routinely help employees exercise their rights to leave and accommodations throughout the New York City metropolitan area, including Long Island, the five boroughs, and the lower Hudson Valley.
To schedule an initial consultation with a member of our experienced team, contact us 24 hours a day, 7 days a week, at 8885294543 or firstname.lastname@example.org. You can also book your consultation online via the link below.
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