Employer Fmla Violation Consequences

Summary

In New York State, an employer cannot prevent an eligible employee from taking FMLA. If this denial exacerbates a medical condition, the employee may be entitled to Workers Compensation. Employers cannot require employees to apply for disability to get FMLA, although both can run concurrently. Legal fees vary based on the lawyers experience, case complexity, and fee structure. Consult a local attorney for personalized advice.

Full Conversation

Can an employer in nys require that an employee apply for disability in order to get FMLA or that the FMLA is tied into the disability
In NYS, here are some key points regarding FMLA and disability:
- An employer cannot require an employee to apply for disability to get FMLA.
- FMLA and disability benefits can run concurrently, but one is not dependent on the other.
- Always consult a lawyer for personalized advice.
How much do lawyers charge
Lawyer's fees can vary greatly depending on factors like:
- The lawyer's experience and reputation
- The complexity of the case
- Whether it's an hourly rate or a flat fee
For a more accurate estimate, it's best to contact local law firms in your area.