Taking time off to recover from surgery, care for a sick parent, or bond with a new baby shouldn’t cost you your job. The federal Family and Medical Leave Act (FMLA) gives eligible Florida employees up to 12 weeks of unpaid, job-protected leave in a 12-month period, or up to 26 weeks to care for a seriously injured or ill service member. While you’re out, your employer must keep your health insurance going. When you return, it must give you back the same job or an equivalent one.

If your employer denied valid leave, punished you for taking it, or fired you, you can sue for lost wages, an equal amount in extra (liquidated) damages, and your attorney’s fees. You have two years to file, or three years if the violation was willful.

Key takeaways

  • You qualify for FMLA leave if you’ve worked for your employer for 12 months and 1,250 hours, and it has at least 50 employees within 75 miles of your worksite.

  • FMLA leave is unpaid, but it’s protected. Your employer can’t count it against you in attendance points, reviews, raises, or promotions.

  • There are two types of FMLA claims. Interference (blocking leave or your return to work) doesn’t require proof of bad intent. Retaliation (punishing you for taking leave) does.

  • A successful claim can double your back pay through liquidated damages, and your employer pays your attorney’s fees.

  • You don’t need to file with the EEOC first. You can go straight to court within two years, or three years for a willful violation.

  • Florida has no state family leave law for private employers, so the FMLA is your main protection.

Each of these points is covered in more detail below.

About the Florida FMLA lawyers at Brenton Legal

Brenton Legal has represented Florida employees since 2015, from our Jupiter office. Our five attorneys bring over 40 years of combined legal experience to each case. Two of our partners have served as General Counsel, so we know how employers make leave and firing decisions from the inside.

We represent everyone from minimum-wage workers to C-suite executives. Past clients have given us an average rating of 4.9 stars based on 70 Google reviews.

This team leads your FMLA case:

  • Ryan Brenton, Founding Partner. Ryan served as General Counsel for a large service-industry company before he switched sides to represent workers. He knows how HR departments track leave and how they document a firing. His advocacy has taken him before the U.S. Department of Labor, the federal agency that enforces the FMLA, and the U.S. Court of Appeals for the Eleventh Circuit, which decides FMLA appeals from Florida. He has handled complex litigation and class actions, and he negotiates severance for employees at every level, up to the C-suite.

  • Alison Churly, Managing Partner. Alison spent over six years as General Counsel for the Broward County Clerk of Courts, a public office with 500+ employees, where she advised its human resources division. Earlier in her career, she secured a seven-figure award in a gender discrimination, sexual harassment, and retaliation case. She serves as Vice Chair (2026 to 2027) of the Florida Supreme Court Rules of General Practice and Judicial Administration Committee, and the Florida Supreme Court recognized her for exceptional pro bono service in 2018.

  • Travis Beal, Partner. Travis defended insurance carriers, financial institutions, and businesses before joining the firm, so he knows the arguments your employer’s lawyers will make. His strength is persuasive legal writing, from motions and briefs to demand letters, and he resolves disputes through negotiation, mediation, or trial.

We offer free consultations. Reach out if you believe your employer took unfair action against you.

Get A Consultation: Call 1-954-639-4644 or Book Online

How does the FMLA protect you?

The FMLA is a federal law that gives eligible employees:

  • Up to 12 weeks of unpaid, job-protected leave in a 12-month period, or

  • Up to 26 weeks to care for a covered servicemember with a serious injury or illness.

Your employer must keep your group health insurance going on the same terms while you’re out, and must return you to the same job or an equivalent one when you come back.

You are protected if both your employer and you meet these tests:

TEST WHAT THE LAW REQUIRES
Your employer is covered. A private employer with 50 or more employees in 20 or more workweeks in the current or previous year, or any public agency or public or private elementary or secondary school, regardless of size.
You’ve worked there long enough. At least 12 months total. The months don’t have to be in a row.
You’ve worked enough hours. At least 1,250 hours in the 12 months before your leave starts (about 24 hours a week).
Your worksite is big enough. Your employer has at least 50 employees within 75 miles of where you work.

If you’re not sure whether you pass a test, we can check your pay records during your free consultation.

Does Florida have its own family leave law?

Not for private-sector workers. Florida has no state law requiring private employers to offer family or medical leave, paid or unpaid, so the FMLA is your main protection.

State career service employees have an extra layer. The state can’t refuse them up to six months of unpaid parental or family medical leave, and must reinstate them to the same or an equivalent job with their seniority and benefits.

In 2026, a bill to give state workers 12 weeks of paid parental leave died in committee.

What reasons qualify for FMLA leave?

Eligible employees can take FMLA leave for the following reasons:

  • 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.
  • A qualifying emergency (called a “qualifying exigency”) when your spouse, child, or parent is on or called to covered active military duty.
  • Caring for a covered servicemember with a serious injury or illness (up to 26 weeks).

Serious health conditions include illnesses, injuries, impairments, or physical or mental conditions that require inpatient care or ongoing treatment by a health care provider.

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

What FMLA violations do Florida employees face?

One common issue we see at Brenton Legal is employers’ refusal to approve 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 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.

The law splits FMLA violations into two types of claims:

QUESTION INTERFERENCE RETALIATION
What happened? Your employer denied, blocked, or discouraged leave, or didn’t restore your job. Your employer punished you for asking for or taking leave.
Do you have to prove your employer meant to break the law? No. You only need to show you were entitled to the benefit you were denied. Yes. You must show that your leave was a reason for the action taken against you.
Example You came back from leave to a lower-paying shift. You were written up and fired three weeks after returning.

Many cases include both claims. We file every claim the facts support, so one weak point doesn’t sink your case.

Are you facing retaliation for taking FMLA leave?

Employer retaliation can take many forms, including:

  • 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.

Any one of these can support a claim if it follows your leave. If you think you are being punished for taking or requesting FMLA leave, contact a Florida FMLA lawyer immediately.

Were you fired after requesting or taking FMLA leave?

If you were fired shortly after requesting FMLA leave, or soon after returning to work, it could be wrongful termination.

Employers often blame performance or restructuring, but if the timing or the reason doesn’t add up, your leave may be the real cause.

Did your employer interfere with your FMLA rights?

Interference can include:

  • 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.

Interference doesn’t require bad intent, so these cases can be easier to prove. Brenton Legal can help determine if your employer’s actions constitute FMLA interference under the law.

What are the main warning signs of an FMLA violation?

Check whether your employer did any of these:

WHAT YOUR EMPLOYER DID WHY IT MATTERS
Gave you attendance points for FMLA days Federal rules ban counting FMLA leave under ‘no fault’ attendance policies.
Used your leave against you in a review, raise, or promotion Employers can’t treat FMLA leave as a negative factor in any job decision.
Brought you back to a different shift, location, or pay rate You have a right to the same job or one with equal pay, benefits, and terms.
Moved you to a smaller worksite before you asked for leave Transferring workers to keep a site under the 50-employee threshold is illegal interference.
Fired you soon after your leave ended Close timing between your leave and a firing can be evidence of retaliation.

If any of these happened to you, write down the date and who was involved while the details are fresh.

How much compensation can you get for an FMLA violation?

The FMLA spells out exactly what an employer owes when it breaks the law.

Under 29 U.S.C. § 2617, you can recover:

TYPE OF RECOVERY WHAT IT COVERS
Lost wages and benefits Pay, salary, and benefits you lost because of the violation, such as wages after a wrongful firing.
Other money you lost If you didn’t lose pay, your actual costs, such as paying someone to care for a family member, up to 12 weeks of your wages (26 weeks for military caregiver leave).
Interest Interest on the amounts above.
Liquidated damages An extra amount equal to your lost wages plus interest, which doubles your award. A court can reduce this only if your employer proves it acted in good faith and had reasonable grounds to think it was following the law.
Job-related relief Getting your job back, a promotion you were denied, or other relief a court orders.
Attorney’s fees and costs Your reasonable attorney’s fees, expert witness fees, and court costs.

The FMLA doesn’t pay for emotional distress or punitive damages. But leave problems often overlap with other laws that do.

If your leave was for a pregnancy or a disability, you may also have a claim for pregnancy discrimination or disability discrimination, which can add those damages. We review every law that applies to your facts so you don’t leave money on the table.

How long do you have to file an FMLA claim?

You have two years from your employer’s last violation to file an FMLA lawsuit, or three years if the violation was willful.

Unlike discrimination claims, FMLA claims don’t require you to file a charge with the EEOC first. You can go straight to state or federal court. You can also file a complaint with the U.S. Department of Labor’s Wage and Hour Division, but you don’t have to.

Two years can pass quickly while you’re recovering or caring for family. Evidence like emails, schedules, and attendance logs can also disappear. Talk to a lawyer early so we can lock down the evidence and protect your deadline.

What should you do right now if you’ve been denied leave or punished for taking it?

If your employer denied your leave or punished you for taking it, start here:

  • Ask HR in writing for copies of your FMLA paperwork, including your eligibility notice, designation notice, and attendance record.

  • Write a timeline that starts on the last day of your leave and lists every change in your schedule, pay, duties, or discipline since.

  • Book a free consultation with an FMLA lawyer before your two-year filing deadline gets closer.

At your consultation, we’ll tell you whether you have an interference claim, a retaliation claim, or both, and what your case may be worth.

Get A Consultation: Call 1-954-639-4644 or Book Online

How can a Florida FMLA lawyer help you?

You’re already dealing with a health problem or a family member who needs you. We handle the legal side so you can focus on that.

The FMLA lawyers at Brenton Legal help employees by:

  • Explaining your rights. We can review your situation and explain your specific FMLA rights in plain language, including 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.

  • 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 and work to pursue remedies if your rights were violated.

  • Calculating what you’re owed. We add up your lost pay and benefits, interest, and the equal amount in liquidated damages the FMLA allows, then use that number to negotiate or go to court.

  • 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.

Most FMLA cases settle, but employers settle faster when they see you have a lawyer who’s ready for trial.

Book a free consultation to find out what your claim may be worth.

Testimonials

Here’s what past clients have been saying about us.

“Among the best in the business”

“The team at Brenton Legal is amazing!!! If you have employment litigation concerns, they are among the best in the business! They are attentive and truly concerned about their clients! I would highly recommend them and utilize them again in the future!”

R.S.J.

“Such a relief”

“Such a good experience with Ryan. He was quick and informative, and with everything going on, it was such a relief to get someone just willing to help. Thank you, Ryan!”

L.A.

“A great legal team”

“I would absolutely recommend Brenton Legal if you are looking for a great legal team…Case was opened and closed quickly with desirable results. I do highly recommend them to represent you for your needs!”

S.C.

Read more reviews. Past results do not guarantee future outcomes.

Related employment cases

FMLA problems often overlap with other workplace violations.

Brenton Legal also handles these cases for Florida employees:

  • Wrongful Termination: Your employer can’t fire you for an illegal reason, such as taking protected leave or reporting a violation.

  • Employer Retaliation: Employers can’t demote, punish, or fire you for reporting discrimination or harassment.

  • Disability Discrimination: If your health condition is also a disability, your employer may owe you reasonable accommodations, including extra leave after your FMLA time runs out.

  • Pregnancy Discrimination: Pregnant workers have rights to fair treatment and reasonable accommodations, even if they don’t qualify for FMLA leave yet.

If your situation involves more than one of these, we’ll review every claim during your free consultation.

FAQs about FMLA claims in Florida

Only for a reason that has nothing to do with your leave, such as a layoff that would have cut your job anyway. Your employer has to prove it would have fired you even if you hadn’t taken leave. A firing during or right after leave deserves a close look.

No. FMLA leave is unpaid, and Florida has no paid family leave law for private employers. Your employer can require you to use paid vacation or sick time during FMLA leave, and that time counts toward your 12 weeks. It doesn’t add extra weeks of protection.

A serious health condition, not a cold or the flu that clears up in a few days. It must involve an overnight hospital stay or ongoing treatment by a doctor. Examples include surgery recovery, pregnancy, cancer treatment, dialysis, and chronic conditions like asthma or diabetes that cause flare-ups.

Your employer must keep your group health insurance going on the same terms, though you still pay your usual share. When you return, you get your old job back or one with the same pay, benefits, schedule, location, and similar duties. If that didn’t happen, you may have a claim.

Ready to hold your employer accountable?

Book a free consultation, and a Brenton Legal attorney will review what happened, check your deadlines under Florida and federal law, and give you a straight answer about what your claim could be worth. You do not need to have all the evidence before you call. We will help you gather it.

Get A Consultation: Call 1-954-639-4644 or Book Online

Legal references

In the interest of accuracy, this page is informed by the following primary legal resources:

Ryan-Brenton

Last Modified: October 22, 2026

Ryan Brenton

Ryan Brenton, the founding partner of Brenton Legal PA, is a distinguished employment lawyer with a profound experience in a variety of employment disputes.

His practice encompasses complex litigation, wage and hour class action cases, and discrimination, harassment, and retaliation claims. Representing a diverse clientele, from minimum wage workers to executives, Ryan has successfully argued cases in both state and federal courts, as well as in administrative proceedings. His legal acumen has earned him a national reputation and respect from clients and peers alike.

A graduate of Nova Southeastern University, Shepard Broad Law Center, and holding a B.S. in Economics from Florida Atlantic University, Ryan’s legal prowess is underpinned by a solid educational foundation. His commitment to justice and fairness in the workplace marks him as a trusted advocate in the field of employment law.

On This Page