Florida FMLA Lawyer

Protecting Employee’s FMLA Rights

If you work for the government, it’s very likely you are eligible to take an unpaid leave of up to 12 weeks and still keep your job. The Family Medical Leave Act (FMLA) applies to employees who have been with a company for a year or more and who have a medical condition or who need to care for an immediate family member who needs help.

If your employer fails to comply with their obligations under the FMLA (denied leave, retaliating against an employee for taking FMLA leave, etc.), you may be entitled to compensation from your employer.

FMLA violations often happen, but we are a Florida-based law firm that specializes in employment law and workplace discrimination. Our Florida FMLA attorney, Benjamin Yormak, is one of Florida’s few board-certified employment law experts. Contact Yormak Employment and Disability Law today for a free initial consultation.

Who is Eligible for FMLA Leave?

To be eligible for Family and Medical Leave Act (FMLA) leave, an employee must meet the following criteria:

• The employee must work for an employer that is covered by the FMLA. This includes private sector employers with 50 or more employees, as well as public agencies.
• The employee must have worked for the employer for at least 12 months and have at least 1,250 hours of service in the 12 months preceding the start of the leave.
• The private-sector employees must work at a location where the employer has at least 50 employees within 75 miles.
• The employee must have a qualifying need for leave.

Covered employees are entitled to take up to 12 weeks of unpaid, job-protected leave per year. Employees who take FMLA leave are entitled to return to their same or an equivalent position after the leave is over and are also entitled to continue their health insurance coverage while on leave.

Which Conditions Qualify For The Family Medical Leave Act?

There are many types of FMLA leave, frequently related to essential functions such as family or medical reasons, including:

• Leave for the employee’s serious medical condition
• Leave to care for an immediate family member (spouse, child or parent)
• Leave for the adoption, foster care placement, or to care for a newborn child
• Leave for a qualifying exigency (military caregiver leave or covered active duty)

Leave for the Employee’s Own Serious Health Condition

An employee may take FMLA leave for their own health condition as long as the condition: meets the following criteria:

• Prevents you from working three consecutive days or more. (You must also have either two doctor’s visits or one doctor’s visit and a prescription.)
• Involves inpatient care (an overnight stay in a hospital, hospice, or residential medical care facility)
• Requires continuing treatment by a healthcare provider (medication, therapy, or other treatment that is ongoing and prescribed by a medical practitioner)

Examples of medical situations that may qualify for FMLA leave

• A serious illness or injury that requires hospitalization or inpatient care
• Chronic conditions (e.g., asthma, diabetes, cancer) that require ongoing treatment and may flare up and require leave
• Pregnancy and related medical conditions (e.g., morning sickness, prenatal care)
• Mental health conditions (e.g., depression, anxiety) that require ongoing treatment and may flare up and require leave

Leave to Care for a Family Member

An employee may also take FMLA leave to care for a family member with a serious health condition if the family member meets the following criteria:

• They require inpatient care (i.e., an overnight stay in a hospital, hospice, or residential medical care facility)
• They require continuing treatment by a healthcare provider (e.g., medication, therapy, or other treatment that is ongoing and prescribed by a healthcare provider)

Examples that may qualify for FMLA

• A serious illness or injury that requires hospitalization or inpatient care
• Chronic conditions (asthma, diabetes, cancer) that require ongoing treatment and may flare up and require leave
• Mental health conditions (depression, anxiety) that require ongoing treatment and may flare up and require leave
• A serious health condition that requires the employee to provide ongoing care and support for the family member (a parent with Alzheimer’s disease)

Leave for the Birth, Adoption, or Foster Placement of a Child

An employee may also take FMLA leave to bond with a newly placed child, either through birth, adoption, or foster care. This leave may be taken within one year of the child’s birth, adoption, or foster placement.

Leave for a Qualifying Exigency

Qualifying exigency leave allows employees to take time off from work to address certain urgent needs that arise when a family member is on active duty in the armed services or has been notified of an impending call to active duty.

Qualifying exigency leave is available for up to 12 weeks in a 12-month period, and may be taken for the following reasons:

• Short-notice deployment (i.e., deployment on less than seven days’ notice)
• Military events and related activities (e.g., ceremonies, programs, and informational briefings)
• Childcare and school activities (e.g., arranging for alternative childcare, attending school conferences)
• Financial and legal arrangements (e.g., preparing and executing financial and legal documents, obtaining military records)
• Counseling (e.g., for the employee, the employee’s spouse, or the employee’s children)
• Rest and recuperation (i.e., up to 15 days of leave to spend with a covered military member who is on rest and recuperation leave during a period of deployment)
• Other events (e.g., attending post-deployment events, addressing urgent family issues that arise because of the covered military member’s active duty status)

Employee Rights Under the FMLA

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to the following rights:

• The right to take up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons.
• The right to continue their health insurance coverage while on FMLA leave. An employer must maintain the employee’s health insurance coverage while on leave in the same manner as if the employee were still working.
• The right to return to the same or an equivalent job after the leave is over.
• The right to be free from interference or retaliation. An employer is prohibited from interfering with the employee’s right to take FMLA leave or retaliating against the employee for taking FMLA leave.

Employer Obligations Under the Family and Medical Leave Act

Under the FMLA, covered employers have the following obligations:

• To inform employees of their FMLA rights and responsibilities. Employers must provide employees with a notice of their FMLA rights and responsibilities.
• To maintain the employee’s job and benefits while on FMLA leave.
• To restore the employee to the same or an equivalent job after the leave is over.
• To refrain from interfering with the employee’s right to take FMLA leave or retaliating against the employee for taking FMLA leave.

Remedies Available for FMLA Violations

There are several remedies available to employees in Florida whose rights under the Family and Medical Leave Act (FMLA) have been violated by their employer. Some possible remedies include:

• Back pay: Employees may be entitled to back pay (i.e., the wages and benefits they would have received if the FMLA violation had not occurred) if they have suffered financial losses as a result of the violation.
• Reinstatement: Employees may be entitled to be reinstated to their same or an equivalent job if they have been terminated or demoted as a result of the FMLA violation.
• Front pay: If an employee is unable to be reinstated to their same job, they may be entitled to front pay (i.e., the wages and benefits they would have received if they had been able to continue working) until they are able to secure another job.
• Injunctive relief: Employees may be able to obtain an injunction ordering their employer to take certain actions (e.g., reinstating the employee, providing the employee with their full FMLA leave entitlements) to remedy the FMLA violation.
• Liquidated damages: Employees may be entitled to liquidated damages (i.e., an amount equal to the back pay they are owed) if their employer’s FMLA violation was willful.

The specific remedies that are available in a given case will depend on the circumstances and the specific violations that have occurred.

Making an FMLA Claim

If your employer’s actions have violated your rights under the Family and Medical Leave Act (FMLA), there are several steps that you may take:

• Gather any relevant information about the alleged violation, including documentation of the FMLA application and any documentation of the employer’s response to the request.
• File a complaint with the U.S. Department of Labor, which is responsible for FMLA regulations.
• Consult with an employment law attorney: The employee may wish to consult with an employment law attorney for further assistance in pursuing an FMLA claim. An attorney can help the employee understand their options and advise them on the best course of action.

Get Help From an Employment Law Expert

If you have been a victim of FMLA violations, you need an experienced employment law attorney in your corner.

At Yormak Employment & Disability Law, we have extensive experience have a successful track record representing only employees in Florida. Our team includes one of the few board-certified employment law experts in the state.

Our employment lawyers are always one call away and ready to seek compensation for your Family Medical Leave Act case. Contact us today for a confidential consultation.