Legal Question in Medical Leave in New York

Can your employer deny you the time?

My employer has informed me that because they failed to notify me that I was technically on family leave that I in fact was not on it. They had originally sent me a letter stating that I was intitled to 8 weeks of paid maternity. Are they correct in stating that I must return to work?


Asked on 12/05/06, 10:02 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Can your employer deny you the time?

Generally, the answer is if you are entitled to FMLA leave, then you are entitled. This is true whether it is called FMLA leave or not. If the employer has not designagted leave time as FMLA leave, this does not operate to deprive you of your leave.

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Answered on 12/06/06, 10:30 am


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