Family and Medical Leave

The Family and Medical Leave Act (FMLA) is a U.S. labor law that enables eligible workers to take up to 12 weeks of unpaid leave for specific medical and family reasons, without jeopardizing their employment. Unemployment benefits are intended to help individuals who have lost their jobs.

Employees often call us about whether their employer is required to give them time off to care for a sick family member or newborn baby. As the COVID-19 pandemic continues, many are wondering if they can take family and medical leave to care for family members who have been affected by the virus.

I've Been Terminated While On Disability. Now What?

Just a year and a half ago, the New Jersey legislature passed the New Jersey Pregnant Worker’s Fairness Act (“PWFA”), which prohibits pregnancy discrimination and requires employers to provide reasonable accommodations to pregnant employees. However, the PWFA does not affect an employee’s entitlement to paid or unpaid leave. This begs the question, what maternity/paternity leave is an employee entitled to?

As a brief follow up to my October 16 blog posting, New York City also passed the Pregnant Workers Fairness Act, requiring NYC employers (with at least 4 employees) to grant reasonable accommodations to their pregnant employees. See N.Y.C. Admin.

I’ve never been pregnant, so I don’t know what it’s like. But in writing this blog, I called my cousin who is pregnant with her first child, due in just 2 months, and still working hard.