Legal Question in Employment Law in New York

Maternity leave - yes or no?

We just concluded a jury trial where my wife won her case on all counts, except one, sort of, maternity leave. My wife gave birth to our son on Oct. 21, the company wanted her to come back to work the next day eventhough she was on maternity leave. She went back to the office to pick up some things, and her boss told her to come back to work or she's fired. During the trial the jury concluded that my wife was entitled to maternity leave and the company was in violation for denying the maternity leave. The judge agreed with the jury, but then denied my wife remedies offered under the FMLA or the PDA or the Labor law. Our attorney claimed we would be able to retrieve our attorney expenses...the judge denied the request. I'm confused...if judges can just make things up as they go along, why have a legal system???


Asked on 3/25/05, 8:07 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Maternity leave - yes or no?

Many of the statutes that provide for legal fees leave it to the discretion of the court, generally meaning that the judge needs to find a wilfull violation.

Without seeing the decision I can't say... but that is what it sounds like.

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Answered on 3/27/05, 11:44 am


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