Retaliation on Employees During COVID-19

 
covid image.png
 

As New York continues to be affected by the corona virus outbreak, the work landscape continues to shift. Many people have lost their jobs, while others struggle to determine whether it is safe for them to go to work or not. Thankfully, Governor Andrew Cuomo has ordered that anyone subject to a mandatory or precautionary quarantine order have guaranteed job protection and financial compensation if they are unable to work. However, as this pandemic drags on, the New York City employment attorneys at the Law Office of Rachel Ambats, PLLC are concerned that many workers may not be afforded protection in the near future.

What are some concerns?

Right now, the government and most companies are on the same page. Non-essential companies are closed, and essential businesses are working with employees who cannot make it to work or feel unsafe doing so.

But what happens when this begins to settle down? Inevitably, we will begin to “flatten the curve,” and businesses will start to open up. However, that does not mean that COVID-19 will not be a threat. There will still be new cases, and many people will need time off to quarantine or to care for family members who may get sick.

Will employers still work to protect employees in August, September, October, and beyond?

We want to highlight two laws that protect workers in this state:

1.     Family and Medical Leave Act (FMLA) offers federal protections for workers to have up to 12 weeks of unpaid leave for the following reasons:

  • The birth /bonding of a child or adoption of a child by worker

  • The recovery from a serious health condition that requires continued treatment or inpatient care

  • The serious health condition of a spouse, parent, or child

2.     New York Paid Family Leave Benefit Law (PFLBL) allows for most employees to have paid time off to care for family members who become very ill or have a serious health condition. As of 2020, employees can receive up to 12 weeks of paid leave at 60% of their average weekly wage. In 2021, this will increase to 67% of their average weekly wage.

Employers cannot fire or demote workers covered under the FMLA and PFLBL, and they cannot terminate the health insurance for those who use either. Employers are prohibited from retaliating against any New York employee who rightfully uses their paid or unpaid leave.

Let us help you through this

If you or someone you care about has been retaliated against for using unpaid or paid sick leave or family medical leave, seek legal assistance today. At the Law Office of Rachel Ambats, PLLC, our qualified and experienced team is ready to help. We want to ensure you are treated fairly, and will work to secure any compensation you are entitled to, which can include:

  • front and back pay

  • reinstatement to your job

  • pain and suffering damages

  • court costs and legal fees

  • possible punitive damages against your employer

When you need a New York City employment discrimination attorney, you can contact us for a free consultation.

Erin Michaela