Understanding The New York Paid Family Medical Leave Act
Corporations, small businesses and employees across the Buffalo area rely on The Tarantino Law Firm, LLP, for advice and representation related to employment law. Our employment law attorneys work hard to serve out clients’ best interests. Besides Buffalo, we assist business owners and individual employees across Erie and Niagara counties.
New York Paid Family Medical Leave And Family And Medical Leave Act Explained
As of Jan. 1, 2018, all employers in New York must provide paid leave for employees for the following reasons:
- To bond with a child after birth, adoption or fostering
- To care for a family member who has a serious health condition
- To help out with family when an active-duty military relative is deployed overseas
These rules apply to all workers, part time and full time, though employees who work 20 or more hours per week are not eligible until they have worked for the employer for 26 weeks. Workers with fewer than 20 hours per week are eligible after 175 days of employment. The leave can last up to eight weeks, with possible extensions.
The federal Family and Medical Leave Act (FMLA), on the other hand, is limited to employers with 50 or more workers within a 75-mile radius, and it does not require paid leave. Employers must either hold the employee’s job or a similar position for him or her until he or she returns or resigns. Workers can take leave under the FMLA to recover from their own serious health conditions. Also, leave under the FMLA can last up to 12 weeks.
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Knowing where you stand legally can prevent a lot of tension in the workplace and may even remove the chance of litigation. Talk to one of our employment lawyers at The Tarantino Law Firm, LLP, to advise you on this significant law.