Can a miscarriage be used against attendance?
Employer is using miscarriage part of attendance disciplinary action? Is this okay? Told me even though I had a letter it still counts as unexcused.
1 answer | asked Mar 8, 2018 1:34 PM [EST] | applies to New York
Answers (1)
If you worked in New York State, you may have been eligible to take leave under federal law – the Family Medical Leave Act (FMLA) – or state law - New York’s Paid Family Leave Act (NYPFL).
The FMLA allows employees to take up to 12 weeks of unpaid job-protected leave. The FMLA applies to employees must have worked for their employer for at least 12 months and their employer must have 50 or more employees. Government agencies (including local, state and federal employers) and elementary and secondary schools are covered by the FMLA, regardless of the number of employees.
The NYPFL is a relatively new law that went into effect in January of 2018. It provides up to 8 weeks of paid job-protected leave. The NYPFL applies to all employers, even those with only one employee. It covers full-time employees after 26 consecutive weeks of employment and to part-time employees after 175 working days, which do not need to be consecutive.
If either or both these laws applied to your situation, it would have been illegal for your employer to terminate you because you applied for or took leave. However, employment law is very fact-specific. You should speak to an experienced employment attorney as soon as possible about your particular situation.
You also can read more about employee rights at https://www.workingnowandthen.com/new-york-fmla-nyspfl/.
posted by Charles Joseph | Sep 17, 2018 09:20 AM [EST]
The FMLA allows employees to take up to 12 weeks of unpaid job-protected leave. The FMLA applies to employees must have worked for their employer for at least 12 months and their employer must have 50 or more employees. Government agencies (including local, state and federal employers) and elementary and secondary schools are covered by the FMLA, regardless of the number of employees.
The NYPFL is a relatively new law that went into effect in January of 2018. It provides up to 8 weeks of paid job-protected leave. The NYPFL applies to all employers, even those with only one employee. It covers full-time employees after 26 consecutive weeks of employment and to part-time employees after 175 working days, which do not need to be consecutive.
If either or both these laws applied to your situation, it would have been illegal for your employer to terminate you because you applied for or took leave. However, employment law is very fact-specific. You should speak to an experienced employment attorney as soon as possible about your particular situation.
You also can read more about employee rights at https://www.workingnowandthen.com/new-york-fmla-nyspfl/.
posted by Charles Joseph | Sep 17, 2018 09:20 AM [EST]
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