FMLA in New York
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Is there FMLA coverage in New York for Pets?
The Family and Medical Leave Act does not cover pets in any state, including in the state of New York. However, the Act does provide coverage for many other family members, as long as those family members are human.
When an employee is eligible for FMLA time off of work, the employee may take up to 12 weeks off of work each year and return to work at the end of the time off with the same job, or an equivalent job, as well as the same salary and benefits that the employee had prior to taking the time off of work.
However, in order to be able to take this time off, employees must qualify. In order to qualify, the employee must have worked for the same company for at least 20 weeks out of the preceding year or a total of 1,250 hours. However, those 20 weeks do not have to be consecutive in order to still county for FMLA time off.
Also, the employee must work for a company that qualifies for FMLA time off. In order for a company to qualify for time off, the company needs to have at least 50 employees that work within a 75-mile radius of the employee that wishes to take the time off.
Employees may take time off for covered family members, which may include the following:
- The employee himself or herself
- A spouse of the employee
- A parent of the employee, as long as the employee is over the age of 18 and the parent is a biologic parent (not an in-law)
- A child of the employee as long as the child is under the age of 18
Also, both male and female employees may take time off in order to tend to a newborn, a newly adopted child, or a child recently taken in through foster care. CB
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