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As companies shift away from hybrid or remote work setups, many employees may face challenges when needing to work from home due to medical or religious reasons. It’s important to know that certain laws may protect your right to request this kind of accommodation. In New York, the NYC Human Rights Law (NYCHRL) and the New York State Human Rights Law (NYSHRL) both provide protections against discrimination, including for employees who need reasonable accommodations due to disabilities or religious beliefs. Additionally, the Family and Medical Leave Act (FMLA) offers certain rights for those needing medical leave or accommodations. However, whether or not you can secure a work-from-home arrangement depends on various factors, including the nature of your role and your employer's ability to accommodate the request. Understanding the Interactive Process If you need to work from home for medical reasons, your employer is required by law to engage in what’s called an interactive process. This is a cooperative dialogue between you and your employer to explore what reasonable accommodations can be made. The aim is to find a solution that enables you to perform your essential job functions without undue hardship to your employer. For example, if you have a medical condition that makes commuting or working in an office unsafe, the interactive process would involve discussing possible adjustments, which could include working from home. The same applies if you need an accommodation for religious reasons, such as observing religious practices that may conflict with an office schedule. Cooperative Dialogue Is Key Your employer is required to engage in a cooperative dialogue when you request an accommodation. This means they must listen to your needs and work with you to figure out how to best accommodate them. Employers cannot simply deny your request without exploring reasonable alternatives. The dialogue is meant to be an ongoing conversation—if your circumstances change, or if a proposed accommodation isn't working, the conversation should continue until a suitable arrangement is found. Legal Protections You Should Know About Both NYC and NY State human rights laws are some of the most progressive in the country when it comes to employee rights. Here’s a brief overview of what these laws and the FMLA might cover: NYC Human Rights Law (NYCHRL): Employers must provide reasonable accommodations for employees with disabilities or those who need accommodations for religious observances. This could include allowing you to work from home if it doesn’t impose an undue burden on your employer. New York State Human Rights Law (NYSHRL): Similar to the NYC law, this state law requires employers to accommodate employees' religious practices or disabilities, which can include adjustments to work arrangements. FMLA: While the FMLA primarily covers unpaid medical leave, in certain situations, it may support an employee’s request to work from home as a reasonable accommodation if it helps them manage a serious health condition. Is Work From Home a Reasonable Accommodation? Whether working from home is considered a reasonable accommodation depends largely on the nature of your job. If the essential functions of your position can be done remotely without placing undue strain on your employer’s operations, then it’s likely that working from home could be a reasonable accommodation. However, jobs that require physical presence, like certain hands-on roles or customer-facing positions, may not lend themselves to remote work. If you believe your employer has denied your request for an accommodation without proper consideration, you may have grounds for legal action. To better understand your rights or to navigate the process of requesting a work-from-home accommodation, schedule a consultation with Kovel Law PLLC . We can help guide you through the legal steps and ensure your rights are protected.

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.

Kovel Law begins its journey as a law firm during a very significant time for New York City and me personally. George Floyd, Breonna Taylor and Ahmaud Arbery (among many other Black people) have been horrifically killed by police and former police in our country. New York City is protesting, grieving and mourning a relentless

The answer to the question I posed in the title of this post is BECAUSE YOU ARE AWESOME WORKERS! But there's also an inherently business-centered reason. Those of you who perform your work in New York City are relatively well protected by local laws (which I will dive into in greater detail in future posts)

So you decided to go out on your own and be your own boss. Amazing! Me too. I hope business has been booming for you. However, if you are reading about the New York City Freelance Isn't Free Act here, I can safely assume that you have also managed to secure some clients and at