Legal Question in Medical Leave in New York

Leave to stay home with my 6 month old daughter

Is it legal for a company to ask for a resignation from a person who 1) has a child who is 6 months old and would like to stay home with this child? 2) Has a husband who is scheduled for back surgery and will need help taking care of himself? 3) I as the employee have explained that there are several family issues custody battle,sick in-laws etc.. I do not feel as if I would be able to handle going back to work at this time. In past I have had problems with depression and am very worried about overload on myself. I did ask for a leave of abscence but was denied. Is there anything that would protect my position and for what amount of time?


Asked on 8/27/00, 10:21 am

1 Answer from Attorneys
Ms. Tran Lankford Tran Lankford, Attorney at Law

Consult A N.Y. Attorney With More Information

I am licensed to practice in Georgia so even assuming you have a case, I would not be able to assist you. Please consult with a local attorney in your N.Y. area. You need to provide that attorney with more information also in order for that person to advise you on your problem(s). Family & Medical Leave Act of 1993 may be applicable to your situation, however, I do not know enough facts about your case from what you have written to tell you anything. Under the Act, the employer has to be a covered employer & you have to be an eligible employee for the Act to be useful.

Read more
Answered on 10/04/00, 6:04 pm


Related Questions & Answers

More Family Medical Leave Act questions and answers in New York