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Am I protected under the FMLA law?

Portchester, NY |

I just had my 1st baby on July 24th, 2013. I worked up until the day before I went into labor. I worked at my job for 6 years as the dr. assistant and office manager... The office only has about 8 active employees. I planned on returning to work by 12 weeks of being out. Today I received a letter in the mail from the doctor stating that she is terminating my position because I have been out for 2 months. She never asked me how long I intended on being out during the whole time I was pregnant. I spoke with her a few times since giving birth and she never once asked or brought the subject up. Am I protected under the FMLA law?

Attorney Answers 4


You are not covered by the FMLA. The FMLA only applies to employers with 50 or more employees. Depending on the facts and circumstances, however, you may still have a discrimination claim under other state discrimination statutes. You should contact an employment attorney and go over your situation in more detail with them.

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You are not covered unless there are 50 employees, although that can include different locations of the same company. You are also not covered under the Pregnancy Discrimination Act (PDA), which requires at least 15 employees. But you may be covered under NYS law, which only needs 4 employees. It is very technical, and it would be best to have a consultation with an employment lawyer.

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FMLA won't protect you because of the size of your employer, however this employer MAY have violated the New York State Human Rights Act. See an attorney who has experience representing employees in this type of case. If you don't know one, search one of the following sites:

Good luck,

No attorney client relationship has been created by this answer.

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I am a labor and employment lawyer in White Plains, New York. Based upon the information you have provided, you would not be covered by the FMLA which applies only to employers with 50 or more employees. However, depending on your specific facts and circumstances, you may still have a discrimination claim under federal and/or state discrimination statutes. Please give me a call at 914.694.1000 if you want to discuss.

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