Can I Take Medical Leave After a NYC Car Accident?

A serious New York City car accident can disrupt your life in an instant. Between emergency care, follow-up appointments, physical therapy, and the stress of keeping up with everyday responsibilities, returning to work may not be realistic. Many injured New Yorkers worry about two things at once: protecting their jobs and keeping money coming in.

If you are asking, “Can I take medical leave after a NYC car accident?” the answer is often yes. The right option depends on your injuries, your employer, and the benefits available to you.

Greenstein & Pittari, LLP helps NYC car accident victims protect their rights, take the time they need to heal, and pursue compensation for lost wages and other damages.
You can call now for a FREE consultation. If you cannot travel, we can speak by phone. We represent clients across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.

Two urgent questions after a New York City car crash

Can I take time off work without losing my job?

Many employees can, primarily through:

• FMLA (job-protected, unpaid medical leave for eligible employees)
• Employer leave policies (PTO, sick time, unpaid leave)
• New York paid sick leave (available to many workers)

How do I pay my bills while I am out of work?

Even when your job is protected, income replacement may come from:

• New York no-fault insurance (often covers a portion of lost wages after a car accident)
• New York Disability Benefits Law (DBL) for some non-work-related injuries or illnesses (low statutory cap)
• Paid sick leave under New York law
• A NYC car accident injury claim (when legally allowed) that may include future lost earnings and pain and suffering

Could you talk to an NYC car accident lawyer before you assume you have no options? We help clients coordinate the insurance and legal steps that protect both health and finances.

What “medical leave” usually means after a NYC car accident

Medical leave is not one single program. It is often a combination of:

• FMLA (Family and Medical Leave Act): federal job-protected leave for eligible employees (generally unpaid)
• New York Paid Sick Leave: paid time off, with the amount based on employer size
• New York DBL (Disability Benefits Law): partial wage replacement for some off-the-job conditions, typically capped at $170 per week, with a waiting period
• New York Paid Family Leave (PFL): paid leave to care for a family member or bond with a new child (usually not for your own injury), with benefits up to 67% of your average weekly wage (subject to a cap)

FMLA medical leave after a NYC car accident

What the FMLA does

FMLA can allow eligible employees to take up to 12 weeks of unpaid, job-protected leave for a serious health condition, while keeping group health benefits in place under specific rules.

Who qualifies for FMLA (in general)

Eligibility depends on your employer and your work history, including:

• Employer size and location requirements (often tied to having 50 or more employees within a certain radius)
• Time and hours worked (commonly 12 months and 1,250 hours)

If you are unsure whether your employer meets the threshold, do not guess. Multi-location employers and mixed schedules can complicate eligibility.

What injuries can qualify as a serious health condition

After a serious NYC car accident, FMLA often applies when you need:

• Inpatient hospitalization or rehab
• Extended incapacity with ongoing medical treatment
• Multiple appointments or procedures that make consistent work impossible

FMLA protects your job, but it typically does not pay your wages. That is where no-fault insurance, paid sick time, DBL, or a personal injury claim may matter.

Intermittent FMLA leave for ongoing treatment

FMLA leave does not always have to be taken all at once. When medically appropriate, it may be taken in smaller doses, including doses spaced hours apart. This is called intermittent leave, and it can be helpful if you need recurring treatment, follow-ups, or flexibility due to symptoms.

What your employer can require under FMLA

Employers may require:

• Medical certification supporting the need for leave
• Notice as soon as practicable

You do not have to say “FMLA.”

You do not need legal buzzwords. Statements like these can be enough to trigger the employer’s obligation to treat it as potentially FMLA-qualifying:

• “I was injured in a car accident.”
• “I need surgery.”
• “My doctor says I cannot work right now.”

Employer notice requirement

When an employer becomes aware that your leave may qualify, they are generally expected to notify you of eligibility within five business days, absent extenuating circumstances.

Would you happen to know if FMLA is paid?

No. FMLA is unpaid. Employers may require you to use specific paid time, like sick time, vacation time, or disability time, at the same time as FMLA leave.

What if you cannot return after 12 weeks?

If you cannot return at the end of 12 weeks, termination may be allowed under FMLA rules. Depending on your condition, you may be able to request additional time as a disability-related accommodation under other laws. That extra time isn’t automatic; you usually need to order it.

New York Paid Family Leave after a NYC car accident

Paid Family Leave (PFL) is designed for:

• Caring for a family member with a serious health condition
• Bonding with a new child
• Certain military-family needs

PFL is usually not for your own injuries. It can be important when you are the caregiver for an injured spouse or partner, parent, or child. Benefits can be up to 67% of your average weekly wage, subject to a cap.

New York Disability Benefits Law (DBL) after a car accident

If your car accident was not work-related, DBL may apply in some cases. DBL can pay 50% of your average weekly wage, typically capped at $170 per week, and there is generally a waiting period before benefits begin.

Because DBL is limited, many NYC families still rely on no-fault lost-wage benefits and/or a personal injury claim for financial stability.

New York Paid Sick Leave after a NYC crash

New York’s paid sick leave rules often allow employees to use paid time for:

• Their own physical or mental illness or injury
• Covered reasons involving family members

The amount of paid sick leave available depends on employer size. Many larger employers must provide up to 56 hours of paid sick leave per year.

Lost wages after a car accident in NYC through no-fault insurance

Medical leave protects your job. No-fault insurance often helps replace income.

Can you get lost wages after a car accident in NYC?

Yes. New York’s no-fault system can cover lost wages regardless of fault, with key limits:

• Up to 80% of lost earnings
• Maximum $2,000 per month
• For up to three years from the accident date

No-fault coverage is part of a basic system that can provide up to $50,000 for medical bills, lost wages, and other reasonable expenses.

Typical timeline for no-fault wage payments

Lost wage payments typically begin within 30 to 60 days, assuming documentation is submitted promptly and thoroughly.

Critical deadline: file your no-fault application within 30 days

You typically must submit the no-fault application within 30 days of the accident. Waiting can jeopardize benefits.

What counts as lost wages?

Lost income can include:

• Regular salary
• Overtime (with proof of a consistent pattern)
• Self-employment income (supported by tax returns and business records)
• Commission-based earnings
• Bonuses and incentives
• Lost benefits (retirement contributions, paid time off you could not access)
• Part-time or secondary job wages
• Future income loss (reduced earning capacity)
• Missed professional opportunities (promotions or job offers affected by injury)

Hit-and-run or uninsured driver options.

If the driver is unknown or uninsured, you may still have options through no-fault or, in certain situations, MVAIC.

Deadlines mentioned include:

• Report to police within 24 hours (hit and run)
• File an MVAIC claim within 90 days (if eligible)

How to protect your leave rights and your wage claim

Step 1: Get medical care and follow restrictions

Your medical records and work restrictions support both leave and wage benefits.

Step 2: Create a paper trail with your employer

Save emails and texts. Make leave requests in writing when possible.

Step 3: Gather wage documentation early

Commonly needed items include pay stubs, W-2s, tax returns, employer verification, and doctor forms.

Step 4: Do not return to work too soon

Returning too early can worsen injuries and can create insurance arguments that your injuries were not serious.

If someone else’s negligence caused your crash, call Greenstein & Pittari, LLP. We help clients protect documentation and pursue full compensation, not just what no-fault covers.

FAQ: Medical leave and lost wages after a NYC car accident

Can I take medical leave immediately after a car accident in NYC?

Often, yes, especially if your doctor takes you out of work. Whether your job is protected depends on which law applies and your eligibility.

Is FMLA paid or unpaid?

FMLA is typically unpaid job-protected leave. You may still be able to use paid sick time, vacation time, no-fault benefits, DBL, or other options.

How long is FMLA leave?

Up to 12 weeks of job-protected leave for eligible employees with qualifying reasons.

Can I take FMLA in pieces for physical therapy and appointments?

Yes. FMLA can often be taken as intermittent leave, including in smaller blocks, when supported by medical need.

What injuries qualify as a serious health condition under FMLA?

Examples can include inpatient care, incapacity longer than three days with ongoing treatment, long-term incapacity, chronic conditions requiring treatment, and multiple treatments such as surgery or restorative care after an accident.

How do I get lost wages from a car accident in NYC?

Typically, through no-fault insurance, which can pay up to 80% of lost earnings, capped at $2,000 per month, for up to three years.

How long does it take to start receiving no-fault lost wages?

Often, 30 to 60 days if documentation is complete and submitted promptly. Delays can occur if insurers request additional information.

What is the deadline to apply for no-fault benefits in New York?

The source material states you should submit the no-fault application within 30 days of the accident.

Can I claim lost wages if I am self-employed?

Yes. Claims usually rely on tax returns, business records, and other proof showing pre-accident earnings.

What if the crash was a hit and run, or the driver is uninsured?

You may still have options through no-fault and, in certain situations, through MVAIC. The source material notes a 24-hour police report requirement for hit-and-run incidents and a 90-day MVAIC filing deadline for some claims.

Can I combine FMLA with other paid time off?

Often yes. Employers may require you to use sick time, vacation time, or disability time at the same time as FMLA leave.

What if my employer threatens to fire me for taking time off?

That can be a red flag. Retaliation for protected leave may be illegal. Save communications and seek legal guidance.

If the accident was my fault, can I still take leave?

Work leave rights do not always depend on fault. Your ability to pursue compensation beyond no-fault may rely on liability and the seriousness of your injuries.

Call Greenstein & Pittari, LLP today.

If you are hurt, missing work, and worried about your job or paycheck, you do not have to figure this out alone.

Call Greenstein & Pittari, LLP for a FREE consultation.
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