Legal Question in Medical Leave in New York

leave due to birth of child

i'm an employee in a place where there are about 11 employees, 6 of whom (and i am one) are f/t. i am entitled up to 12 weeks unpaid leave in new york state for maternity leave? i still have 3 weeks vacation time thru the end of '09 and do not want to touch it. please advise.


Asked on 3/13/09, 12:54 pm

2 Answers from Attorneys
Pasquale Calcagno Calcagno & Associates, PLLC

Re: leave due to birth of child

The family leave act is quite voluminous and many times complex. Your questions is welcome but I need more information. Please contact me, Pasquale Calcagno, Esq., at 1(800)WE-FIGHT for a free consultation or visit us on the web for helpful information at www.1800wefight.com. I look forward to answering any questions you may have.

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Answered on 3/14/09, 5:11 am
Avi Naveh

Re: leave due to birth of child

In New York, here are the relevant details on eligibility:

Employees are eligible to take FMLA leave if they have worked for their employer for at least 12 months, and have worked for at least 1,250 hours over the previous 12 months, and work at a location where at least 50 employees are employed by the employer within 75 miles.

http://www.dol.gov/elaws/esa/fmla/faq.asp

If your employer does not have 50 employees, you may not qualify for FMLA leave. Check with HR at your office or consult with an employment law attorney.

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Answered on 3/13/09, 5:13 pm


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