What are the rights of workers under the Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) is a federal law that provides workers in New York the right to take unpaid leave for certain family or health related reasons. FMLA was enacted in 1993 to help workers take care of family members or their own health without the fear of losing their job or having their pay docked. In New York, the FMLA guarantees that an eligible employee may take up to 12 weeks of unpaid leave during a 12-month period. This leave can be taken for the birth of a child, the adoption or foster care of a child, to care for a spouse, child, or parent with a serious health condition, or to deal with a serious health condition of the employee. Employers must also provide for medical benefits to continue during the 12 weeks of unpaid leave. This means that employees do not have to worry about losing their coverage while taking advantage of their unpaid leave. Employers are also prohibited from retaliating against employees for taking FMLA leave. This means that employers are not allowed to fire, demote, or punish an employee for taking their allotted FMLA leave. In addition, upon returning to work, employers must reinstate the employee in the same job or in a job with equivalent pay, benefits, and other conditions of employment. Under FMLA, workers in New York have the right to take up to 12 weeks of unpaid leave to care for themselves or a family member without the fear of losing their job. This ensures that employees can take the time they need to care for themselves or a loved one without being concerned about the security of their employment.
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