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Have you been denied leave for family or medical reasons?
The Family Medical Leave Act requires covered employers to provide employees with leave for specific medical and family reasons.
As a Florida FMLA lawyer, we can help you:
- Understand your rights according to the Family Medical Leave Act
- Assess whether you have a legitimate claim
- Pursue legal action against your employer if you are being denied rightful leave
WHAT IS THE FAMILY MEDICAL LEAVE ACT (FMLA)?
The Family Medical Leave Act entered into law in 1993.
It is a federal labor law that requires covered employers to provide employees with job-protected and unpaid leave for specific medical and family reasons.
It applies to all public agencies, local education agencies, and private-sector employers with 50 employees or more.
The law provides for the following for eligible employees:
- Up to 12 weeks of unpaid leave
- Time away from work to tend to medical situations that involve you or your family
- Continuation of group health insurance coverage under the same terms and conditions as if you had not taken leave
- Assurance of getting the same or equivalent position back upon returning from leave
“Covered employees” are those who:
- Work for a covered employer with at least 50 employees employed within 75 miles
- Have worked for the employer for at least a total of 12 months
- Have worked at least 1,250 hours over the previous 12 months
- Work at a location in the U.S. or in any territory or possession of the U.S.
FMLA CASE EXAMPLES
WHEN CAN YOU CLAIM UNPAID LEAVE?
Legitimate reasons for requiring time away from work may include:
- Pregnancy/childbirth: for the birth of a child and for the care of a newborn child within one year of birth
- Care for an immediate family member with a serious health condition, such as a spouse, child, or parent
- A serious health condition of your own that makes you unable to perform the essential functions of your job
- Arranging adoption or foster care: the placement of a child for adoption or foster care and for the care of the newly placed child within one year of placement
- Exigencies resulting from the active military duty
of a family member, such as a spouse, son, daughter, or parent
WHAT IS MILITARY CAREGIVER LEAVE?
In special cases, the Family Medical Leave Act provides for a period of unpaid leave of up to 26-weeks within a single 12-month period.
This is to care for a family member (spouse, son, daughter, parent, or next of kin) who is a covered servicemember and has sustained a serious injury or illness.
WHY ARE WE HEARING MORE ABOUT THE FMLA IN RECENT YEARS?
It is true that FMLA claims are one of the fastest-growing areas for employment discrimination claims around the U.S. This may be a reflection of the times, where employers are looking to cut costs.
Employees who need long-term leave are an easy target.
However, if employers are not following U.S. employment law, they can expect to be called out for it.
HAVE YOU HAD YOUR FMLA RIGHTS DENIED?
If your FMLA rights have been denied in Florida, you may be entitled to damages if:
- You are covered under the Family Medical Leave Act and have been denied time away from work for any of the above-stated reasons
- If you have been discriminated against because of taking extended unpaid leave, as provided for under the Family Medical Leave Act
Note that, under the Family Medical Leave Act, an employer may not interfere with an individual’s FMLA rights or retaliate against someone for:
- Using or trying to use FMLA leave
- Opposing any practice made unlawful by the FMLA, or
- Being involved in any proceeding under or related to the FMLA
CONTACT A FLORIDA FMLA LAWYER
As an experienced Florida FMLA attorney, we can help you assess your case and if we agree to pursue a legal claim, help you take the necessary steps.
From here, we need to:
- Assess your claim. Book a free phone
consultation below. - Review documents regarding your claims
- Provide strategy on how to best protect you.
- Prepare the paperwork so that we can draft the complaint or lawsuit.
Our experienced legal team also handles clients with other types of employment cases, including:
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