Kovel Law Chronicle Vol. 2: Why Represent Solo-entrepreneurs and Freelancers?

Navigating work leave interference in New York City can be challenging, but understanding your rights can help ensure you're treated fairly. Whether you're an employee or a freelancer, it's crucial to know what protections you have and what steps you can take if you face issues with taking leave. Understanding Work Leave Interference Work leave interference happens when an employer denies or restricts your ability to take legally entitled leave. In NYC, employers are required to follow specific statutes that protect your right to leave for medical or family reasons. Here's what you need to know: 1. Interactive Process Requirement NYC employers cannot deny your medical leave outright. They must engage in an interactive process with you to understand your need for leave and determine a suitable accommodation. This means they should discuss with you any potential adjustments or alternatives that allow you to take your leave without disrupting the workplace unduly. 2. Protected by Statutes Employees in NYC are protected by several statutes, including the Family and Medical Leave Act (FMLA), the NYC Paid Safe and Sick Leave Law, and the Americans with Disabilities Act (ADA). These laws ensure that you can take leave for specific reasons without fear of job loss or retaliation. Reasons covered include: Serious health conditions Maternity or paternity leave Caring for a family member with a serious health condition Domestic violence or sexual assault recovery 3. Types of Leave Covered Only certain types of leave are covered under these protections. For instance, the FMLA allows up to 12 weeks of unpaid leave for eligible employees, while the NYC Paid Safe and Sick Leave Law provides paid leave for specific circumstances. Understanding which types of leave are protected is crucial in asserting your rights. Rights of Freelancers If you're a freelancer, the landscape is slightly different. Freelancers typically don't have the same protections under traditional employment statutes. However, there are still steps you can take: 1. Contractual Agreements Ensure your contracts include clauses that address leave and accommodations. Clear terms in your agreements can provide a framework for requesting leave without jeopardizing your work relationship. 2. NYC Freelance Isn’t Free Act This act provides some protections for freelancers, particularly regarding timely payment and contract enforcement. While it doesn't directly cover leave, it can empower you to negotiate terms that include leave provisions. 3. Seek Legal Advice If you face challenges in taking leave, consulting with a legal professional can help you understand your options and rights. Legal advice can be invaluable in navigating disputes or negotiations with clients. Take Action Understanding your rights is the first step toward ensuring fair treatment. If you believe your right to take leave is being interfered with: Document Everything: Keep records of your communications and any interactions regarding your leave request. Engage in the Interactive Process: Actively participate in discussions with your employer about your leave needs. Seek Legal Help: If necessary, consult with a legal professional to explore your options. By knowing your rights and taking proactive steps, you can ensure that your needs for medical or family leave are respected and accommodated. Schedule a Consultation with Kovel Law PLLC today to discuss your specific situation and ensure your rights are fully protected. Our experienced team is here to help you navigate these complex issues with confidence.