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. The Family and Medical Leave Act (FMLA) provides job protection 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. You can read more about employee rights regarding medical leave at https://www.workingnowandthen.com/new-york-fmla-nyspfl/. If you think your employer wrongfully terminated you during or immediately after your FMLA leave or in retaliation for your having requested leave, 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.

Charles Joseph
Charles Joseph
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