Florida Family Medical Leave Act (FMLA) Attorney Serving Marion County and Surrounding Counties
The Family Medical Leave Act entitles eligible employees up to 12 weeks of leave during any 12-month period because of the birth of a child and to care for the newborn child, because the employee is needed to care for the employee’s spouse, child, or parent with a serious health condition, or because of the employee’s own serious health condition that makes the employee unable to perform his or her job functions. The leave may be taken intermittently or by reduced schedule when medically necessary. When leave is taken pursuant to the Family Medical Leave Act, the employee is entitled to reinstatement to his or her former position or an equivalent position with the same benefits and terms of employment.
To be eligible for leave under the Family Medical Leave Act, an employee must have been employed for at least 12 months by the employer and for at least 1,250 hours of serving with the employer during the previous 12-month period.
The Family Medical Leave Act defines a serious health condition as an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential medical care facility or continuing treatment by a health care provider.
Under the Family Medical Leave Act, employees are required to provide, whenever possible, at least 30 days notice for planned medical treatment or for leave that is otherwise foreseeable. Where treatment or a qualifying reason for leave under the Family Medical Leave Act is unforeseeable, however, the applicable federal regulations only indicate that an employee must notify his or her employer as soon as practicable under the circumstances.
To protect and enforce employee rights under the Family Medical Leave Act, the Family Medical Leave Act creates two types of claims against an employer: interference claims and retaliation claims. These two types of claims can be asserted simultaneously. Employers cannot deny or interfere with an employee’s rights guaranteed under the Family Medical Leave Act. An interference claim involves circumstances where an employee entitled to leave under the Family Medical Leave Act asserts that the employer interfered with or denied the exercise of his or her substantive rights under the Family Medical Leave Act. For example, the employer notifies the employee that he or she is not entitled to a leave of absence from work even though the employee qualifies for leave under the Family Medical Leave Act. Employers are prohibited from retaliating against any eligible employee who exercises his or her rights under the Family Medical Leave Act. A retaliation claim involves circumstances where an employee asserts that the employer retaliated against him or her in the form of an adverse employment action, such as a reduction in pay or hours, demotion, or termination, for having exercised a Family Medical Leave Act right. For example, on his or her first day of work following leave under the Family Medical Leave Act, the employee is terminated because of his or her lengthy illness.
As an eligible employee entitled to leave, you have rights under the Family Medical Leave Act. We have extensive litigation experience in protecting and fighting for the rights of employees who exercise their rights under the Family Medical Leave Act. If your rights under the Family Medical Leave Act have been denied or interfered with, or you have been the victim of retaliation for exercising your rights under the Family Medical Leave Act, we can help you understand your legal rights and obtain legal remedies, including money damages as compensation, for your employer’s illegal conduct.
To discuss your case, please contact our office for your free consultation. You will receive personalized and individual attention from our attorneys. We will use our in-depth knowledge and extensive experience in handling Family Medical Leave Act claims to vigorously protect your interests and fight for your rights.