Florida Family Medical Leave Act Lawyer (FMLA)

Understanding the Family Medical Leave Act in Florida

The Family Medical Leave Act is a federal law that allows eligible workers to take up to 12 weeks of unpaid leave for specific family and medical reasons without fear of losing their jobs. Your health insurance benefits must be maintained throughout your leave of absence as if you were actively working.

However, navigating FMLA rules isn’t always simple. Sometimes, employers make mistakes. They might even deny valid requests or treat employees unfairly for taking leave.

This is where having a knowledgeable Florida FMLA lawyer can make a difference. 

If you work in Florida and believe your employer has violated your FMLA rights, Brenton Legal can help you understand the situation.

Who is Eligible for FMLA?

Not every employee or employer is covered. Generally, the FMLA applies to:

• Private employers with 50 or more employees within 75 miles
• Public agencies (like local, state, and federal government)
• Public or private elementary or secondary schools

To be an eligible employee, you generally must:

1. Work for a covered employer 
2. Have worked for the employer for at least 12 months (doesn’t need to be consecutive)
3. Have worked at least 1,250 hours for the employer during the 12 months before leave starts

What Reasons Qualify for FMLA Leave?

Eligible employees can take up to 12 weeks of FMLA leave in a 12-month period for several reasons. Some common qualifying reasons include:

• The birth of a child and caring for the newborn child within one year of birth
• The placement of a child for adoption or foster care, and to care for the newly placed child within one year of placement
• To care for your spouse, child, or parent who has a serious health condition.
• Your own serious health condition that makes you unable to perform the essential functions of your job
• Certain reasons related to a family member’s military service 

Serious health conditions include illnesses, injuries, impairments, or physical or mental conditions requiring inpatient care or continuing treatment by a health care provider. 

This can cover chronic conditions, pregnancy, recovery from surgery, and more.

Common FMLA Problems Employees Face in Florida

One common issue we see at Brenton Legal is employers rejecting FMLA leave requests. Your boss or the Human Resources department might tell you that you are not eligible for leave. 

They might claim your reason for needing leave doesn’t qualify under the FMLA rules, or they might simply say no without a clear reason.

Employers must follow specific rules when evaluating FMLA requests. If you believe your FMLA request was wrongly denied in Florida, seek legal advice. 

A Florida FMLA lawyer at Brenton Legal can review the details of your denial and explain your rights. Call us at (954) 519-3065 to discuss your FMLA denial.

Are You Facing Retaliation for Taking FMLA Leave?

Another serious concern is FMLA retaliation. This happens when your employer punishes you or treats you unfairly because you asked about FMLA, requested FMLA leave, or took FMLA leave. 

Retaliation can take many forms. Sometimes it’s obvious, like being fired shortly after returning from leave. Other times, it’s less direct. 

Retaliation could look like:

• Getting demoted or moved to a less desirable job
• Having your pay cut or your work hours reduced
• Receiving unfair negative performance reviews
• Being excluded from meetings or projects you used to handle
• Facing harassment or hostility from managers or coworkers

Your employer can’t retaliate against you for using your FMLA rights. If you think you are being punished for taking or requesting FMLA leave, take notes on what is happening and contact a Florida FMLA lawyer immediately.

Were You Fired After Requesting or Taking FMLA Leave?

The FMLA provides job protection, meaning your employer generally can’t fire you just because you need FMLA leave. If you were fired during your FMLA leave, shortly after requesting it, or soon after returning to work, this could be wrongful termination.

Your employer might give another reason for firing you, such as claiming it was due to performance, restructuring, or other issues. However, if the timing seems suspicious or the reason feels untrue, it’s possible that your FMLA activity played a role. 

Did Your Employer Interfere With Your FMLA Rights?

FMLA interference occurs when an employer does something that discourages or prevents an employee from exercising their FMLA rights. This is broader than retaliation. Interference could include things like:

• Discouraging you from taking leave
• Making the process of applying for leave overly difficult
• Not informing you of your FMLA rights when you have a qualifying need
• Pressuring you to work while you’re on approved FMLA leave
• Changing essential job functions to make you ineligible for leave

If your employer makes it hard for you to take the FMLA leave you need, this could be illegal interference. Brenton Legal can help determine if your employer’s actions constitute FMLA interference under the law.

Are You Confused About Your FMLA Rights or Eligibility?

FMLA rules can be complex. Many employees are simply unsure about their rights. You might have questions like:

• Does my company have enough employees to be covered by FMLA?
• Have I worked long enough and for enough hours to be eligible?
• Does my medical condition qualify as a serious health condition?
• Can I take FMLA leave intermittently (a few hours or days at a time)?
• What paperwork do I need to provide?
• Is FMLA leave paid or unpaid?

Sometimes, employers don’t provide clear information, or the information they give is wrong. Brenton Legal can help clarify your FMLA rights and eligibility based on your specific situation in Florida. 

Don’t guess about your rights—get informed help by calling our Florida FMLA attorneys today at (954) 519-3065.

How a Florida FMLA Lawyer from Brenton Legal Can Help You

Navigating FMLA issues alone can feel overwhelming, especially when you are already dealing with health or family matters. Having a Florida FMLA lawyer familiar with this legislation can provide significant support.

Brenton Legal helps employees by:

• Explaining your rights: Our Florida FMLA attorneys can review your situation and explain your specific FMLA rights in plain language. We help clear up confusion about eligibility, qualifying reasons, and required notices.
• Reviewing leave denials: If your FMLA request was denied, we can analyze your employer’s reason and help determine whether the denial was lawful under FMLA regulations.
• Addressing interference: If you feel your employer is making it difficult for you to take FMLA leave or discouraging you from using it, we can assess whether their actions constitute illegal interference.
• Fighting retaliation: If you believe you are being punished for taking FMLA leave, our lawyers can help you document the retaliation and understand your options for holding your employer accountable.
• Handling wrongful termination claims: If you lost your job in connection with FMLA leave, we can investigate whether your termination was unlawful. We’ll work to pursue remedies if your rights were violated.
• Communicating with your employer: Having a lawyer communicate with your employer can resolve issues more effectively. We can represent your interests in discussions or negotiations.
• Guiding you through the process: From understanding paperwork requirements to filing complaints if necessary, we can guide you through the steps involved in asserting your FMLA rights.

Call Brenton Legal at (954) 519-3065 to discuss how we can assist with your Florida FMLA matter.

Frequently Asked Questions About FMLA in Florida

How Do I Know if I Am Eligible for FMLA Leave in Florida?

Eligibility for FMLA depends on both your employer and your own work history. First, your employer must be covered. This usually means private companies with 50 or more employees within 75 miles, or any government agency or school. 

Second, you need to meet employee requirements. You must have worked for that employer for at least 12 months total and at least 1,250 hours in the 12 months before you need leave. 

Finally, you must work at a site where your employer has 50 or more employees within a 75-mile radius. If you meet all these conditions, you are generally eligible for FMLA protection. 

Is FMLA Leave Paid Time Off in Florida?

No, FMLA leave itself is unpaid. The primary purpose of FMLA is to protect your job and your health benefits while you take necessary time off. It doesn’t require your employer to pay you during this leave. 

However, your employer might require you to use your paid time off, like vacation days or sick days, during your FMLA leave. You might also choose to use your paid leave to get income during this time. 

Using your paid leave runs concurrently with your FMLA leave; it doesn’t extend the total 12 weeks of job protection. 

Florida has no state law requiring private employers to offer separate paid family leave.

What Kind of Health Problems Qualify for FMLA Leave?

FMLA leave can be taken for your own serious health condition or to care for a spouse, child, or parent with a serious health condition. A serious health condition is more than just a common cold or minor illness. 

It typically involves either inpatient care (like staying overnight in a hospital) or ongoing treatment by a doctor or healthcare provider. 

This can include conditions requiring surgery, chronic conditions that cause occasional incapacity (like asthma or diabetes), conditions requiring multiple treatments (like chemotherapy or dialysis), or pregnancy and prenatal care. 

What Happens to My Job While I Am on FMLA Leave?

One of the most important parts of FMLA is job protection. When you take approved FMLA leave, your employer must generally hold your job open for you. When you return, they must restore you to your original position or give you an equivalent position. 

An equivalent position means a job with the same pay, benefits, work schedule, location, and substantially similar duties and responsibilities. Your employer can’t fire you simply because you took FMLA leave. 

They also must continue your group health insurance benefits under the same conditions as if you were still working, though you may need to continue paying your share of the premium.

What Should I Do if My Employer Denies My FMLA Leave or Punishes Me for Taking It?

If you believe your employer has wrongly denied your FMLA request, interfered with your ability to take leave, or retaliated against you for using FMLA, contact a Florida FMLA lawyer.

Try to keep records of everything related to your leave request and your employer’s response or actions. Note dates, times, who you spoke with, and what was said or done. Gather any relevant documents like emails, letters, or performance reviews. 

Contact Brenton Legal Today for Help with FMLA in Florida

Don’t let confusion or fear stop you from exercising your rights under the Family Medical Leave Act. If your employer denied your FMLA request or retaliated against you for using FMLA, you may have legal options.

Brenton Legal provides dedicated representation across Florida and focuses on protecting employees’ jobs and rights.

Take the first step towards resolving your FMLA issue. Call us today at (954) 519-3065 for a free, confidential case evaluation, or contact us online.