Medical Leave Protections
Some crime victims may have serious physical or emotional health concerns because of the crime. If you are a victim of crime, you and your family may need time to heal. The Family Medical Leave Act (FMLA) gives you the right to take that time as unpaid leave.
What is the FMLA?
The Family and Medical Leave Act, also called FMLA allows you to take unpaid leave for some family and medical reasons without losing your job. It says:
- You can take unpaid leave to care for yourself, your child, spouse, or parent.
- You can take up to 12 weeks off from work.
- You or your family member must have a serious health condition.
What is a serious health condition?
This means a serious illness, injury, or mental condition. To treat the condition, you or your family member must need to:
- Stay overnight in a hospital or
- Have ongoing treatment by a health care provider.
What are my rights under the FMLA?
If you qualify for unpaid leave under the FMLA, you have the following rights:
- Your position, pay, and benefits will be the same when you go back to work.
- You can return to the same or similar job and working conditions.
- If you get health insurance at work, you can have the same level of benefits while you are off and after you return.
- Your employer must keep health information about you and your family members confidential.
Can I get leave under the FMLA?
Not all employees qualify for FMLA.
You may qualify if:
- Your company has more than 50 employees in a 75-miles radius, and
- You worked there at least 1,250 hours in the last 12 months.
For more information, please visit the US Department of Labor.
NYS Paid Family Leave
If you have a close family member who is a crime victim, you may qualify for New York State Paid Family Leave. You can take paid time off to take care of your family member without losing your job.
Close family members include your:
- Child or stepchild
- Spouse
- Domestic partner
- Parent, stepparent, or parent-in-law
- Grandparent, or grandchild.
NYS Paid Family Leave can be taken in addition to short-term disability benefits. You can take NYS Paid Family Leave before or after you using your short-term disability leave.
To find out if you qualify and how to apply for NYS Paid Family Leave,
- Go to NYS Paid Family Leave, or
- Call the Paid Family Leave Helpline at 844-337-6303
Updated 9.3.24