Fired for Requesting FMLA Leave in NYC? Know Your Legal Rights
No, an NYC employer generally cannot lawfully fire someone for requesting FMLA leave. If your employer terminated you after requesting or taking family or medical leave, you may have a strong retaliation or wrongful termination claim under federal and New York State law. The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. Requesting or using FMLA leave is legally protected, and employers who punish you for exercising that right face legal consequences.
What Counts as FMLA Retaliation in New York City?
Retaliation occurs when an employer fires or takes adverse action against an employee for engaging in protected activity, including requesting or using FMLA leave. The U.S. Department of Labor (DOL) explicitly lists family and medical leave among the protected activities shielding workers from employer retaliation. Importantly, retaliation extends beyond termination, any action that would dissuade a reasonable employee from engaging in protected activity qualifies.
If your employer reduced your hours, demoted you, changed your schedule, or created a hostile work environment after you requested FMLA leave, those actions could constitute unlawful retaliation. The DOL identified one case where an employee’s hours were reduced after using intermittent FMLA leave as prohibited retaliation. If you experienced similar treatment, speak with a wrongful termination lawyer in New York who handles FMLA retaliation cases.
Common Forms of FMLA Retaliation
Retaliation does not always look like a pink slip. Here are adverse actions NYC employees should watch for:
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Termination shortly after requesting or returning from FMLA leave
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Demotion, pay reduction, or reassignment to a less favorable position
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Negative performance reviews timed suspiciously close to a leave request
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Exclusion from meetings, projects, or advancement opportunities
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Scheduling changes designed to pressure an employee into quitting
💡 Pro Tip: Document everything. Keep a written record of dates, conversations, emails, and any shifts in treatment after requesting FMLA leave. This timeline can become critical evidence.
How New York State Law Strengthens FMLA Protections
NYC employees benefit from overlapping federal and state protections that create a robust shield against retaliation for taking leave. Beyond federal FMLA, New York’s Paid Family Leave (PFL) law guarantees eligible employees up to 12 weeks of paid family leave per 52-week period under NY Workers’ Compensation Law § 205(2)(a), with reinstatement rights to the same or comparable position under § 203-b. New York State Labor Law also prohibits employers from retaliating against employees for exercising legally protected leave rights.
Concurrent Use of FMLA and Paid Family Leave
When an employee uses PFL for a reason qualifying under both programs, the employer may require that FMLA and PFL credits run concurrently, as authorized by PFL regulation 380-6.2(c) and confirmed by official New York PFL guidance. This means the employee receives reinstatement protections from both programs while using available leave credits simultaneously. Note that NY Workers’ Compensation Law § 205(2)(c) addresses an employer’s option to offer employees a choice between using accrued vacation/personal leave and receiving PFL benefits and is not the statutory basis for concurrent FMLA/PFL designation. An employer who fires or retaliates against an employee for exercising this right may face liability under both state and federal law. Note that PFL covers different qualifying reasons than FMLA; PFL does not cover an employee’s own serious health condition.
💡 Pro Tip: If your employer claims you exhausted your leave, verify whether your FMLA and PFL time ran concurrently. Misapplication of concurrent leave rules is a common employer error.
Broad Employer Coverage Under the NYSHRL
The New York State Human Rights Law (NYSHRL) defines “employer” broadly under NY Executive Law § 292(5) to include all employers within the state, regardless of size. The NYSHRL prohibits employment discrimination based on protected characteristics such as disability, sex, pregnancy, and familial status, which can overlap with circumstances giving rise to FMLA leave requests. An NYC employee terminated after requesting medical or family leave may also have a discrimination claim under the NYSHRL if the termination was motivated by a protected characteristic.
Your Right to Sue: Wrongful Termination Lawyer in New York
If your employer fired you for requesting FMLA leave, you have multiple legal avenues to pursue a claim. Under federal law, an employee can file a complaint with the Secretary of Labor or file a private lawsuit under Section 107 of the FMLA. A complaint may be filed in person, by mail, or by telephone with the Wage and Hour Division of the US Department of Labor.
Under the NYSHRL, employees who experienced unlawful discriminatory conduct related to a protected characteristic in connection with a leave request may bring a civil lawsuit for damages, including punitive damages against private employers, pursuant to NY Executive Law § 297(9). The New York Attorney General may also commence legal action when an employer violates anti-retaliation provisions.
|
Legal Avenue |
Authority |
Key Details |
|---|---|---|
|
Federal FMLA Complaint |
Secretary of Labor / WHD |
Filed in person, by mail, or phone; investigated by Wage and Hour Division |
|
Federal FMLA Lawsuit |
FMLA § 107 |
Private lawsuit; 2-year statute of limitations (3 years if willful) |
|
NYSHRL Civil Lawsuit |
NY Exec. Law § 297(9) |
Damages including punitive damages against private employers for discrimination tied to a protected characteristic |
|
NY Attorney General Action |
NY Exec. Law § 297 |
State AG can sue employers violating anti-retaliation provisions |
💡 Pro Tip: FMLA lawsuits are subject to a two-year statute of limitations, or three years if willful. Don’t wait to consult an attorney.
Why the Timing of Your Termination Matters
The exact timing of a termination relative to a leave request is one of the most legally significant factors in an FMLA wrongful termination case. New York law coordinates workers’ compensation disability benefits with family leave benefits under NY Workers’ Compensation Law § 206(3)(a). If an employee receives total disability payments pursuant to a workers’ compensation claim, family leave benefits are not simultaneously payable.
Under NY Workers’ Compensation Law § 207(5), family leave benefits are unavailable to employees who are no longer employed when they request leave. An employer who fires a worker just before they formally request leave may effectively cut off access to benefits. This retaliatory timing pattern is precisely what a wrongful termination lawyer in New York will scrutinize when evaluating your case.
Disability Protections After Wrongful Termination
Even if you were already terminated, you may still have protections under New York law. NY Workers’ Compensation Law § 207(1) provides disability benefits specifically to terminated employees who were receiving unemployment insurance benefits but become ineligible for those benefits solely because of a disability arising within 26 weeks of termination. A broader post-termination disability safety net for employees who lack qualifying wages for unemployment insurance is provided under § 207(2). If a NYC worker is wrongfully fired for requesting FMLA or medical leave and subsequently becomes disabled, they may still be entitled to disability benefits under these provisions, depending on the circumstances.
💡 Pro Tip: If you were fired and became unable to work due to a medical condition within 26 weeks of termination, you may still qualify for disability benefits.
Real Cases: When FMLA Retaliation Happens in NYC
FMLA retaliation cases happen to real workers in New York City every day. Examples include employees whose hours were reduced after using intermittent FMLA leave and a chef fired while on FMLA leave, demonstrating that employers across industries may engage in retaliatory conduct.
💡 Pro Tip: If your employer gave you a pretextual reason for firing, such as “performance issues” never raised before your leave request, document the details immediately.
Frequently Asked Questions
1. Can I be fired for simply requesting FMLA leave in New York City?
What does the law say about termination after an FMLA request?
Generally, no. Requesting FMLA leave is protected under federal and New York State law. If your employer fired you because you requested leave, that may constitute unlawful retaliation. However, employers may terminate employees for legitimate, non-retaliatory reasons unrelated to the leave request. The critical question is whether the leave request was a motivating factor in the termination.
2. How long do I have to file an FMLA retaliation lawsuit?
What is the statute of limitations for FMLA claims?
An FMLA lawsuit must generally be filed within two years after the last violating action, or within three years if the violation was willful. State-law claims under the NYSHRL or New York Labor Law may carry different deadlines. Consult an attorney as soon as possible.
3. What damages can I recover in an FMLA wrongful termination case?
What compensation is available to fired employees?
You may be entitled to lost wages, reinstatement, and other compensatory relief under the FMLA. Under the NYSHRL (NY Executive Law § 297(9)), employees may also recover punitive damages against private employers in cases involving discrimination or retaliation related to a protected characteristic.
4. Does New York’s Paid Family Leave protect me from being fired?
How does PFL interact with FMLA protections?
Yes. New York’s PFL law under NY Workers’ Compensation Law § 205(2)(c) provides reinstatement protections, and your FMLA and PFL credits may run concurrently when the leave qualifies under both programs. An employer who fires you for taking PFL may face liability under both state and federal law. PFL covers bonding with a new child, caring for a family member with a serious health condition, and qualifying military exigencies, but not your own serious health condition.
5. What should I do if I was fired after requesting medical leave in NYC?
What are the first steps after a retaliatory termination?
Document the timeline of events, including when you requested leave, communications with your employer, and the stated reason for termination. You can file a complaint with the Wage and Hour Division or pursue a private lawsuit. Speaking with a New York wrongful termination attorney promptly will help you understand which legal avenues best fit your circumstances.
Protecting Your Career and Your Rights After FMLA Retaliation
Being fired for requesting FMLA leave is not just unfair; under federal and New York State law, it is generally unlawful. NYC employees benefit from strong overlapping protections, including the federal FMLA, New York’s Paid Family Leave law, New York State Labor Law’s anti-retaliation provisions, and the NYSHRL. Whether your employer terminated you, cut your hours, or demoted you after a leave request, these laws provide real legal remedies. The most important step is to act quickly and understand your rights.
