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When can employees take family or medical leave?

On Behalf of | May 7, 2025 | Employment Law

Employers calculate their staffing based on employees working a certain number of days and getting a certain number of holidays. Yet, they should also consider that workers may also need extra time off on occasions, due to things such as personal illness, needing to care for a close family member who is ill or pregnancy.

It’s hard to know how many extra days a particular employee might need, as employees often won’t know they need extra time off until something occurs that requires it. Some may need lots, and some may never request any.

State and federal law require that employers grant days off in certain circumstances 

The federal Family and Medical Leave Act (FMLA) gives workers at larger companies the right to unpaid leave for reasons such as illness or the need to take care of a family member. But many employers are not large enough to fall under this ruling.

New York State has a much more generous policy thanks to its Paid Family Medical Leave Act. Not only is there no minimum size for employers, but those qualifying for leave under this law will be paid.

Note that for both the federal and the state law, there are certain conditions an employee must meet to be eligible for leave. These are to do with how long they have been working for the employer and how much work they have done for them. 

It’s important that employers know about their obligations under these laws and that employees understand their rights. When both sides are correctly informed, it can create a more pleasant and productive workplace and reduce the chance of disputes between the two parties. 

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