Family Medical Leave Act
If you were fired or discriminated against because of a Family Medical Leave Act related absence, you may be eligible to file a complaint with the U.S. Department of Labor. In addition, you may have a claim against your employer.
Congress enacted the Family and Medical Leave Act (FMLA) in 1993 to provide eligible employees protection against unfair dismissal because of family- or medical-related issues. Since that time, the Act has undergone several revisions, further increasing the rights and responsibilities of employees and employers alike.
According to the Family Medical Leave Act, employers are required to provide eligible employees – regardless of gender -- with up to 12 weeks of unpaid, protected leave under certain circumstances. These including:
• Incapacitation due to pregnancy, prenatal care, or child birth
• To care for the employee’s newborn child
• Placement with the employee of a son or daughter for adoption or foster care
• To care for the employee’s spouse, child, or parent who has a serious health
condition
• A serious health condition that prevents the employee from performing their job
The Employment Law attorneys at LaBovick Law Group understand FMLA regulations, and have the experience to handle Family Medical Leave Act claims.
If you request an FMLA-related leave of absence, your employer is required to notify you within five (5) business days if you are: 1) Eligible to take the leave, and 2) If it has been approved. Or, your employer is to provide at least one explanation for refusal of the request within five (5) days.
However, you are required to give a 30 day advanced notice prior to your expected FMLA leave of absence. If you are unable to meet this condition, you must provide as much notice as possible, and remain within compliance with your employer’s normal procedures.
As an employee, you are eligible for coverage under the Family and Medical Leave Act if:
• You work for an employer covered under the Act
• You have worked for your employer for at least one (1) year
• You have worked more than 1,250 hours over the previous 12 months
• Your employer has at least 50 employees within 75 miles
It is important to note that an employee is not required to use the entire amount of the leave in one block. Intermittent leave is acceptable as long as it is medically necessary. Furthermore, when an employee returns from a leave of absence, regulations state that in most cases they are entitled to return to their original position, pay rate, and benefits package(s). FMLA regulations state that an employee cannot lose their accrued benefits because of the leave.
Under FMLA section 109 (29 U.S.C. s2619), employers covered by Family and Medical Leave Act regulations must have a general notice posted in a “conspicuous” place where it can be easily seen by employees. According to Federal regulations, this notice must include the provisions of the Act as well as provide instructions for filing a claim. If your employer is required to provide this information and knowingly does not, they may be in violation of the law.
If you were discriminated against or discharged as the result of an FMLA-related leave of absence, it is very important that you contact an attorney immediately. You may be entitled to file a claim and/or to receive compensation based on your ability to prove that your employer violated FMLA regulations.
If you wish to discuss your case with one of our experienced Employment Law Attorneys, call Toll Free 1.888.777.3884.
To learn more about your rights and responsibilities as an employee, we have provided links to several important sources of employment-related information:
Official Government FMLA Information
U.S. Department of Labor
Florida Office Locations for the U.S. Department of Labor’s Wage and Hour Division
The State of Florida’s Agency for Workforce Innovation
Congress enacted the Family and Medical Leave Act (FMLA) in 1993 to provide eligible employees protection against unfair dismissal because of family- or medical-related issues. Since that time, the Act has undergone several revisions, further increasing the rights and responsibilities of employees and employers alike.
According to the Family Medical Leave Act, employers are required to provide eligible employees – regardless of gender -- with up to 12 weeks of unpaid, protected leave under certain circumstances. These including:
• Incapacitation due to pregnancy, prenatal care, or child birth
• To care for the employee’s newborn child
• Placement with the employee of a son or daughter for adoption or foster care
• To care for the employee’s spouse, child, or parent who has a serious health
condition
• A serious health condition that prevents the employee from performing their job
The Employment Law attorneys at LaBovick Law Group understand FMLA regulations, and have the experience to handle Family Medical Leave Act claims.
If you request an FMLA-related leave of absence, your employer is required to notify you within five (5) business days if you are: 1) Eligible to take the leave, and 2) If it has been approved. Or, your employer is to provide at least one explanation for refusal of the request within five (5) days.
However, you are required to give a 30 day advanced notice prior to your expected FMLA leave of absence. If you are unable to meet this condition, you must provide as much notice as possible, and remain within compliance with your employer’s normal procedures.
As an employee, you are eligible for coverage under the Family and Medical Leave Act if:
• You work for an employer covered under the Act
• You have worked for your employer for at least one (1) year
• You have worked more than 1,250 hours over the previous 12 months
• Your employer has at least 50 employees within 75 miles
It is important to note that an employee is not required to use the entire amount of the leave in one block. Intermittent leave is acceptable as long as it is medically necessary. Furthermore, when an employee returns from a leave of absence, regulations state that in most cases they are entitled to return to their original position, pay rate, and benefits package(s). FMLA regulations state that an employee cannot lose their accrued benefits because of the leave.
Under FMLA section 109 (29 U.S.C. s2619), employers covered by Family and Medical Leave Act regulations must have a general notice posted in a “conspicuous” place where it can be easily seen by employees. According to Federal regulations, this notice must include the provisions of the Act as well as provide instructions for filing a claim. If your employer is required to provide this information and knowingly does not, they may be in violation of the law.
If you were discriminated against or discharged as the result of an FMLA-related leave of absence, it is very important that you contact an attorney immediately. You may be entitled to file a claim and/or to receive compensation based on your ability to prove that your employer violated FMLA regulations.
If you wish to discuss your case with one of our experienced Employment Law Attorneys, call Toll Free 1.888.777.3884.
To learn more about your rights and responsibilities as an employee, we have provided links to several important sources of employment-related information:
Official Government FMLA Information
U.S. Department of Labor
Florida Office Locations for the U.S. Department of Labor’s Wage and Hour Division
The State of Florida’s Agency for Workforce Innovation
