Florida FMLA Lawyers
Federal law gives most employees the right to take up to 12 weeks off from work for family or other medical reasons. It protects the right of an employee to return to a job with the employer after the FMLA and retain medical insurance throughout the leave so long as Employee continues to pay the premium. Although it is generally unpaid time, employers will often apply any accrued PTO time to allow for a payment during the leave.
Who is Covered Under FMLA?
FMLA applies to government agencies, private employers who have at least 50 employees, and elementary and secondary schools. Even if you work for an eligible employer, you may not qualify under FMLA unless you have worked for your employer for 1,250 hours in a 12-month period. This equates to approximately 24 hours each week.
The Family and Medical Leave Act (FMLA) protects employees from not losing their current job in exchange for taking a leave of absence. Eligible employees are able to take up to 12 weeks off from work while maintaining their current insurance carrier. This is usually unpaid leave unless an employee has accrued paid time off (PTO).
Under FMLA, the following situations would qualify an employee to have a 12-week leave:
- If you are giving birth and taking care of a newborn;
- If an employee is adopting or fostering a child;
- If an employee needs to take care of a spouse, child, or parent who has a serious medical condition;
- If the employee has a serious health condition that makes the employee unable to perform essential job functions;
- If there is an exigent circumstance involving an employee’s immediate family member (spouse, child, or parent) in the military.
What is Considered a Serious Health Condition under the FMLA?
Common serious health conditions that qualify for FMLA are:
- If your condition requires you to stay in a hospital or another medical care facility;
- Conditions that incapacitate you or your family member for more than three consecutive days and require ongoing medical treatment;
- Chronic conditions that cause you to be incapacitated occasionally and require treatment by a health care provider at least twice a year; and
- Pregnancy (this will include prenatal appointments, incapacitation due to morning sickness, and medically required bed rest).
An employee’s rights under the FMLA are usually set forth in your employee handbook. Employers require that paperwork be filled out by you and your doctor prior to taking FMLA to evaluate whether it applies to your situation. YOU as the EMPLOYEE must provide notice of need for Family Medical Leave at least 30 days (or as soon as you learn of the emergency) before you are going to be on leave. And, while on leave, you must maintain contact with the employer as set forth in the handbook. An employer may ask for medical certification regarding your leave of absence, which is allowed under the law.
If you meet the qualifications for FMLA, your employer is a qualifying employer under the FMLA, followed the employee handbook as to applying for the FMLA time, and have been denied, you should speak with a Florida FMLA lawyer today.
Alternatively, if upon your return from an approved FMLA leave, the employer demoted or terminates you. You may have a claim under FMLA and should seek counsel from a Florida FMLA lawyer.
Consult with a Florida FMLA Lawyer Today
Most employees have coverage under FMLA. If you have been fired, demoted, or treated unfairly due to taking leave for family or medical reasons, we want to hear from you. Contact us today to schedule your free consultation.
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If you wish to speak with one of our lawyers, call 866-640-7117 or contact us today.
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