Under Siege: Protecting Your FMLA Rights as a New York Corrections Officer During the Strike

New York State corrections officers are in the midst of an unprecedented wildcat strike. As tensions rise, the state has responded aggressively, terminating officers and threats of canceling health insurance benefits. While this situation is dire for all affected employees, those on Family and Medical Leave Act (FMLA) leave face unique challenges. They are legally protected but may still find themselves caught in the crossfire of disciplinary actions, terminations, or loss of health coverage.

If you’re a corrections officer currently on FMLA leave, understanding your rights is more important than ever. At Horn Wright, LLP, our employment attorneys stand with employees who face wrongful termination, retaliation, and illegal employment practices. Our firm has extensive experience holding employers accountable for violating FMLA protections, ensuring workers receive the justice they deserve.

The Fight for Your Rights: What They Don’t Want You to Know About FMLA

The Family and Medical Leave Act isn’t just a policy—it’s a promise. A promise that when your health is on the line, your job isn’t. It’s meant to protect employees who need to take medical leave for serious health conditions, the birth of a child, or to care for a family member.

Under FMLA, eligible employees:

• Are entitled to up to 12 weeks of unpaid leave per year.
• Maintain their health insurance coverage as if they were still actively working.
• Have the right to return to the same or an equivalent position after leave ends.

Your employer doesn’t get to change the rules just because a strike is happening. They don’t get to decide that your medical leave doesn’t matter. The law is clear—your rights don’t disappear just because the state wants to play hardball.

Caught in the Crossfire – Corrections Officers' FMLA Rights Under Attack During Strikes

Being on FMLA leave should shield you from workplace conflicts, but in reality, striking corrections officers who are also on leave face mounting pressure. Here’s how:

• Some officers on approved FMLA leave have been unfairly swept up in mass terminations or had their benefits revoked.
• Employers may demand that officers return to work despite ongoing medical conditions, wrongly assuming that participation in a strike voids FMLA protections.
• Some officers are being classified as “AWOL” instead of being recognized as on legally protected leave, putting their jobs at further risk.

This is not just unfair—it’s illegal. Your FMLA rights do not disappear because of a labor dispute, and any employer action that violates these rights may lead to serious legal consequences. The labor lawyers at Horn Wright, LLP, are ready to aggressively fight back against unlawful conduct.

New York’s Executive Order: The State’s Latest Power Grab

To make matters worse, New York State has issued an executive order attempting to override federal FMLA protections. This order is being used to justify terminations, deny legally protected leave, and strip officers of their health benefits.

If your employer is using this order as an excuse to fire you, revoke your benefits, or force you back to work before you’re medically ready, they may be in violation of federal law—plain and simple. Don’t let them convince you otherwise. Speaking with one of our experienced attorneys at Horn Wright, LLP, is the first step towards protecting your rights.

Legal Protections Against Termination or Forced Return During FMLA Leave

Federal law explicitly protects employees from being fired, disciplined, or coerced into returning to work while on FMLA leave. Corrections officers currently on leave cannot be forced to return until their approved leave period ends. If your employer tries to retaliate against you for being out on FMLA, they may face legal consequences such as:

• Civil lawsuits seeking reinstatement, back pay, and damages.
• Federal penalties for FMLA violations.
• Investigations by the Department of Labor for unlawful employment practices.

For example, if a corrections officer was terminated while recovering from surgery during an FMLA leave, that officer could file a claim against their employer and seek compensation for lost wages, emotional distress, and legal fees. You deserve one of the best law firms in America on your side to fight back.

Fight Back: What to Do When Your FMLA Rights Are Under Attack

If you are a corrections officer currently on FMLA leave and facing threats of termination or being pressured to return to work, take the following steps immediately:

1. Document Everything – Keep copies of all medical records, approval notices for FMLA leave, and any communication from your employer regarding your employment status.
2. Communicate in Writing – If your employer pressures you to return, respond via email or written correspondence reaffirming your approved leave status.
3. Consult a Lawyer – If your employer is violating your rights, legal action may be necessary to restore your job, benefits, and financial security.

Don’t Let Them Get Away With It: How a Lawyer Can Turn the Tables

Your employer is banking on you feeling powerless. They want you to believe that fighting back is too complicated, too exhausting, and too costly. But that’s exactly why you shouldn’t back down. When employers trample on FMLA rights, they expect silence. They expect fear. But you have options, and you have the law on your side.

Our attorneys understand the specific laws that protect corrections officers and can help you take action if your FMLA rights are under attack. Here’s what a lawyer can do for you:

• Challenge Wrongful Termination – If you were fired while on FMLA leave, a lawyer can help you pursue reinstatement and compensation.
• Restore Health Benefits – If your employer canceled your insurance, legal action can force them to reinstate coverage.
• File FMLA Claims – A lawyer can help file complaints with the Department of Labor or pursue lawsuits for damages.
• Negotiate with Employers – Attorneys can engage with your employer to prevent further violations and ensure compliance with FMLA protections.

A legal battle may seem daunting, but you don’t have to fight it alone. The right attorney levels the playing field, holding employers accountable for their actions and making sure your voice is heard. Whether it’s negotiating reinstatement, recovering lost wages, or securing damages for wrongful termination, a strong legal advocate can turn the tables in your favor.

Stand Up. Fight Back. Demand Justice.

At Horn Wright, LLP, we know how to take on employers who think they’re above the law. Our firm has successfully represented employees in wrongful termination, retaliation, and benefit denial cases, securing the compensation and reinstatement they deserve. We aren’t afraid to stand up to powerful employers and government entities that violate workers’ rights.

Contact Horn Wright, LLP, today to see how our experienced employment attorneys are ready to fight for your rights and ensure you get the justice you deserve.