Legal Question in Medical Leave in New York

Re: Time off of work to care for dying father

I am sorry for your situation. I know this is a difficult time. The Family Medical Leave Act does provide some of the benefits you seek. However, the FMLA applies only to employer of 50 employees or more, and to employees who have been employed for at least 12 months for at least 1250 hours during the year. IF both of these requirements are met, you may request a leave period of up to 12 weeks to provide care for your father, given the serious nature of his condition. However, your employer is not required to pay for the leave unless there is a sick leave policy under the current benefits that will give you paid leave. You may take vacation time earned and available as well. Note, when giving your employer notice of your need for leave, have your father's doctor write a letter saying that you are needed to care for your father in this difficult time for psychological support and as a caregiver and that your father has a serious medical condition.

I hope this information helps. I'd be happy to answer any further questions you may have.

Deborah S. Skanadore Reisdorph

Re: Time off of work to care for dying father

The Family Medical Leave Act (FMLA) requires covered employers to grant eligible employees up to 12 weeks to care for an immediate family member (spouse, child, or parent) with a serious health condition. Your employer must have 50 or more employees and you must have been with the company for at least 12 months. There is no requirement that your company pay you, but if covered, your employer must hold your job or one of like stature. If you need more assistance or would like a consultation, please contact me by email.