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Family & Medical Leave Act

Central Florida Employment Law Lawyer and FMLA Violations

The Family and Medical Leave Act of 1993 ("FMLA") entitles eligible employees to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to take a total of twelve weeks of leave during a twelve-month period due to:

  • A serious health condition that makes the employee unable to perform the essential functions of his or her job;
  • Employee on FMLA Leave Taking Care of a Family MemberTo care for the employee's spouse, child, or parent who has a serious health condition;
  • The birth of a child and to care for the newborn child within one year of birth;
  • The placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;
  • Any qualifying exigency arising out of the fact that the employee's spouse, son, daughter, or parent is a covered military member on "covered active duty"; or
  • Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin.

FMLA - Eligible Employees

An employee seeking FMLA leave must have worked for the employer for 12 months or longer, compiling 1,250 hours of service with that employer during the 12 months before seeking leave.

FMLA protections are triggered once the employee provides sufficient and timely notice to management that he or she is unable to work because of a serious health condition, a child's or parent's serious health condition, or for some other qualifying reason such as an adoption or a foster care placement. You do not have to mention FMLA by name to trigger FMLA protections.

The Family and Medical Leave Act requires employees to provide 30 days notice to his or her employer when the need for FMLA leave is foreseeable. If the 30 days notice is not practicable, then the FMLA requires employees to provide notice as soon as practicable.

The FMLA requires employees to be restored to the same or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

It is unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right provided by the FMLA. It is also unlawful for an employer to discharge or discriminate against any individual for opposing any practice, or because of involvement in any proceeding related to the Family and Medical Leave Act.

Violations of the Family and Medical Leave Act of 1993

An FMLA violation occurs if the employer:

  • Refuses to allow an employee time off for FMLA purposes;
  • Fails to restore the employee to his or her former position or to an equivalent position after taking FMLA leave;
  • Uses coercion, threats, or intimidation to discourage the employee from taking FMLA leave;
  • Discharges, disciplines, or demotes an employee because of taking FMLA leave;
  • Gives a poor evaluation or denies an employee a promotion because of taking FMLA leave;
  • Punishes the employee for complaining about FMLA violations; or
  • Denies an employee any rights provided by the FMLA.

Employees can recover lost wages, salary, or employment benefits, along with any actual monetary losses suffered due to FMLA violations. In addition, even if the employer pays the employee for lost wages, including interest, the employer may still be liable for liquidates damages in an amount equal to the amount of lost wages, salary, benefits, or other compensation or actual monetary damages.

Contact our Orlando FLMA Lawyer

If you work in Orlando, Tampa or anywhere in Central Florida and you believe you may have a Florida Family Medical Leave Act violation case, call us today at (407) 205-2330 for a free consultation, or fill out the online form provided at the top of this page and our FMLA violation attorney will contact you shortly. Your privacy is important to us and we will keep your information confidential.


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