New York Paid Family Leave Protects Workers
New York Paid Family Leave provides eligible employees with paid, job-protected time away from work for certain family-related reasons. It may apply when an employee needs time to bond with a new child, care for a family member with a serious health condition, or address certain military-family needs. Paid Family Leave is separate from the federal FMLA, though the two may overlap in some situations.
Common NY Paid Family Leave Violations
Violations may include:
- Denying eligible leave.
- Discouraging an employee from applying.
- Providing false or misleading information about rights.
- Failing to reinstate an employee after leave.
- Retaliating after an employee requests or takes leave.
- Cutting hours, pay, duties, or opportunities because of leave.
- Treating leave as a negative factor in discipline or termination.
- New York regulations address discrimination and retaliation in connection with Paid Family Leave, including 12 N.Y.C.R.R. § 380-8.2. New York Workers’ Compensation Law provisions also address Paid Family Leave rights and protections.
Retaliation After Paid Family Leave
An employer cannot punish an employee for using or requesting Paid Family Leave. Retaliation can be subtle. An employee may return from leave and find that their job duties are gone, their accounts were reassigned, their schedule changed, their manager is hostile, or their performance is suddenly criticized. Timing, communications, and comparison to how other employees were treated can be important evidence.
Paid Family Leave, FMLA, and Discrimination Claims
Paid Family Leave violations can overlap with FMLA, pregnancy discrimination, caregiver discrimination, disability discrimination, and retaliation claims. For example, an employee who takes leave to bond with a child or care for a family member may also face gender stereotypes or caregiver bias. In New York City, caregiver discrimination may implicate the New York City Human Rights Law depending on the facts.
Related Fingerhut Law Pages
FMLA Retaliation and Interference, Disability Discrimination, Wrongful Termination, Retaliation for Protected Activity.
Contact Fingerhut Law
If your employer denied New York Paid Family Leave, refused reinstatement, or retaliated against you for taking leave, contact Fingerhut Law for a confidential consultation.
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