Answers Posted By Charles Joseph

Answer to I pay into Paid family leave if i get sick can i use it

Unlike the federal Family and Medical Leave Act (FMLA), which provides unpaid leave for eligible employees that can be used for their own serious health condition or to care for an immediate family member with a serious health condition, the York State Paid Family Leave Act (NYPFL) does not cover employees who need time off to attend to their own illness. Instead, the law allows employees to care for a loved one with a serious health condition or when a family member is called to active military service.

You can read more about employee rights regarding medical leave at Working Now and Then.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted Dec 6, 2019 09:11 AM [EST]

Answer to Does every employer need to give grievances? And pay for it?

There is no law in New York state that requires employers to give employees paid time off for a death in the family, although some employers voluntarily provide such a benefit.

While New York’s Paid Family Leave Act (NYPFL) and the federal Family and Medical Leave Act entitle eligible workers to take time from work to care for a dying family member, neither law provides for bereavement leave.

In December 2018, Governor Cuomo vetoed a bill that would have extended the NYPFL to require employers to offer up to 12 weeks of paid time off for workers to deal with the death of a family member.

To learn more about family and medical leave in New York State, please visit https://www.workingnowandthen.com/new-york-fmla-nyspfl/. />
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted May 27, 2019 09:27 AM [EST]

Answer to If I am scheduled to work until 6pm is my boss allowed to make me stay later than that even though it is written down on the schedule that I am out at 6 without any warning ahead of time?

As answered above, employers legally can make last minute changes to employee schedules, unless (in the very rare case) there is some agreement saying they can’t.

Because employers in New York state do not need a reason to terminate an employee, your employer could fire you for refusing to work the new or additional hours.

However, your employer must pay you for your working time. If you are a non-exempt worker, and the additional scheduled time means you worked more than 40 hours in a week, you must be paid time and a half for that overtime.

You can read more about employee rights at Working: Now and Then.com.

If you believe you have been underpaid, you should contact an experienced employment attorney to discuss your situation.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted May 16, 2019 08:44 AM [EST]

Answer to Can an employer in NYS force you to use PTO for a doctor’s appointment that is scheduled outside normal hours (I.e. during OT hours)?

The question is complicated and very much depends on the specific facts involved.

Neither federal nor New York State labor laws regulate paid time off (PTO). Unless the employee is covered by an employment contract or collective bargaining agreement that says otherwise, an employer typically can mandate that employees take PTO even if they didn't request it.

However, if your husband is paid a salary and is considered exempt from the overtime laws, the employer could be jeopardizing your husband’s exempt status by requiring him to use PTO for doctor’s appointments.

If your husband’s condition that requires monthly maintenance qualifies as a disability under the law, his medical appointments could be considered a reasonable accommodation.

There are other facts that may be at play. Your husband should contact an experienced employment attorney to discuss his situation.

You can read more about employee rights at https://www.workingnowandthen.com/. />
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted Mar 19, 2019 06:51 AM [EST]

Answer to Hi, I was informed my store's location will close in 2 weeks in NY state. I have been told i was suppose to be given at least 60 days notice. I also have a written document from HR that the store would be open thru 2019. What legal options do I have to co

Both federal and New York state law require that certain employers give employees advance notice of a large-scale layoff. The NY Worker Adjustment and Retraining Notification (NY WARN) Act is more protective than the federal law. NY WARN covers more private employers and has a lower numerical threshold.

NY WARN applies to private businesses with at least 50 or more full-time workers in New York State. If 25 or more full-time employees will lose their jobs when the store closes, NY WARN may apply.

If NY WARN applies, employees are entitled to 90-days advance notice. The notice must provide specific information about the impending layoffs, including whether they are expected to be temporary or permanent and the expected date the layoffs will begin.

Employees who don’t receive the required notice are entitled to damages.

If you believe your employer in in violation of NY WARN, you should discuss your situation with an experienced employment attorney right away.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted Jan 10, 2019 09:30 AM [EST]

Answer to Only 6 weeks of FMLA???

The Family and Medical Leave Act (FMLA) applies to all public agencies, all public and private K-12 schools, and companies with 50 or more employees.

In order to take FMLA leave, employees must have worked for their employer for at least 12 months (a minimum of 1,250 hours in the most recent 12 months).

Employees who would like to take FMLA leave must comply with their employer’s customary requirements for requesting leave. In general, employees should request leave 30 days in advance when they can anticipate the need for leave. For unforeseeable leave requests, employees should provide notice as soon as possible.

Employees may take leave under both the FMLA and the York State Paid Family Leave Act (NYPFL) for the same event, but employers can require employees to take their leave under the FMLA and NYPFL concurrently. However, the employer must notify the employee of this requirement before the leave starts.

You can read more about employee rights regarding medical leave at Working Now and Then, https://www.workingnowandthen.com/new-york-fmla-nyspfl/. />
If you think your employer wrongfully denied your request for leave under the FMLA, you should contact an experienced employment attorney to discuss your situation.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted Jan 8, 2019 09:23 AM [EST]

Answer to As an employer_ what frequency is required for wage payment for EXEMPT

New York State has rules for frequency of payment for several different categories of employees.

However, if the employees fall under the exemption for executives, administrators or professionals, then none of the rules for frequency of payment apply.

If the employees are commissioned salespersons, they must be paid their wages in accordance with the terms set forth in the written commission agreement but not less frequently than once a month and not later than the last day of the month following the month in which the wages are earned.

This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted Oct 10, 2018 05:21 AM [EST]

Answer to I am currently an employee for the United States Postal Service and my boss called the police on me and claimed I was a former employee who was trespassing on postal property. Would this be considered a form of harrassment?

From the facts you have provided, there is nothing to support a claim of employment discrimination.
Generally, you cannot sue you employer just because someone is mean to you. Even if your supervisor singles you out and is unnecessarily harsh with you in particular, because she dislikes you for personal reasons, the law does not prevent that. There is no legal requirement that workers be treated with civility, kindness, or even respect.
However, federal law does prohibit your employer from harassing you based on your race, color, gender, religion, national origin, age or disability. New York State and New York City laws protect additional characteristics.
If you believe you are the victim of illegal discrimination, you should contact an experienced employment attorney in your area to fully discuss the facts of your situation.
You can read more about the laws protecting you from employment discrimination at https://www.workingnowandthen.com />
This response is not legal advice, but is general information only, based upon the information stated in the question and general legal principles. It is provided for general educational purposes of the public who may have similar questions, not for any specific individual or circumstance. It is not intended to create an attorney-client relationship. Legal issues depend on all the specific facts of a situation, which are not present here. If you would like to obtain specific legal advice about your issue, you must contact a local attorney who is licensed to practice law in your state.

posted Oct 4, 2018 05:06 AM [EST]

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