Florida FMLA Retaliation Lawyer

Fired for requesting FMLA leave? The Family and Medical Leave Act (FMLA) protects employees who need time off for serious medical conditions, pregnancy, or caregiving. Yet, some employers illegally fire workers just for requesting leave.

If your employer fired you after requesting FMLA leave, you may be a victim of retaliation—and that’s illegal. You have rights, and a Weston, FL wrongful termination lawyer from Kaplan Employment Law is here to help you fight back.

What is the Family and Medical Leave Act?

The FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons.

Under the FMLA, eligible employees are entitled to:

• Up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons.
• Continue your group health insurance under the same terms.
• Hold your job or provide a comparable position when you return.

Employers may not interfere with these rights or retaliate against employees for exercising them.

Who Qualifies for FMLA Leave?

To qualify for FMLA protections you must first meet these criteria:

• Employer has 50 employees within 75 miles.
• Employed for at least 12 months.
• Worked at least 1,250 hours during the 12 months before leave.
• A qualifying reason for FMLA, like a serious medical condition or paternal leave

What Can You Use FMLA Leave For?

The FMLA allows eligible employees to take leave for medical and family-related reasons, including serious health conditions, childbirth, or caring for a loved one.

Examples of qualifying circumstances include:

• Maternity or paternity leave for childbirth or adoption.
• Bonding with a newborn or newly placed foster child.
• Caring for a spouse, parent, or child with a serious health condition, such as cancer, stroke, or surgery recovery.
• Managing your own serious health condition that affects your ability to work.
• Addressing urgent needs arising from a family member’s military service, such as deployment.

These protections allow employees to focus on their families without the fear of losing their job. Still, employers terminate employees for requesting FMLA leave.

Can Your Employer Deny FMLA Leave?

Employers can deny FMLA leave to employees if the employee does not qualify for FMLA or if the employee fails to complete the FMLA request.

Common reasons an employee’s FMLA request is denied include:

• Ineligibility: Employed for less than a year, has not worked 1,250 hours, or employer has under 50 employees within a 75-mile radius.
• Non-Qualifying Reason: routine, minor, or elective procedures do not qualify, or do non-urgent matters that do not involve serious medical conditions.
• Improper Leave Notice: Employees must provide sufficient notice of foreseeable leave and follow the procedure outlined in the employee handbook for requesting FMLA leave.
• Insufficient Documentation: Employees sometimes provide incomplete or inaccurate documentation or otherwise fail to timely provide the requested information.
• Undue Hardship: Employer may claim the leave would cause significant difficulty or expense to the business.

What is FMLA Retaliation?

FMLA retaliation occurs when an employer fires an employee because the employee requested or took FMLA leave.

Examples of FMLA Retaliation include:

• Firing an employee right after they request FMLA leave.
• Terminating an employee while they are on FMLA leave under false pretenses.
• Dismissing an employee shortly after they return from FMLA leave, citing performance issues that were never raised.
• Claiming an employee “abandoned their job” despite their documented FMLA leave request.
• Using FMLA leave as a pretext for termination, such as reorganizing a department and eliminating the employee’s position.

If you were fired after requesting FMLA leave, contact an experienced FMLA lawyer immediately. You may be entitled to compensation.

Does FMLA Provide Paid Leave?

The FMLA guarantees job-protected leave but does not require employers to provide paid time off. Yet some states have laws or insurance programs that offer paid family leave. Employees may also use accrued paid time off, such as vacation or sick leave, during their FMLA leave if allowed by their employer’s policies.

Employers are responsible for informing employees about their rights under the FMLA and any state or employer-provided benefits. If your employer has not done so, an attorney can help ensure you receive the information and protections you’re entitled to.

What Are Common Employer Violations of the FMLA?

Employers can violate the FMLA in a variety of ways, including:

• Denying leave to eligible employees.
• Retaliating against employees for requesting or taking FMLA leave.
• Firing, demoting, or reducing hours during or after leave.
• Refusing to hold an employee’s job or provide a comparable position upon return.
• Misclassifying employees to avoid FMLA obligations.
• Failing to notify employees of their FMLA rights.

If you’ve faced any of these issues, it’s critical to consult an FMLA lawyer to protect your rights.

Can I Sue for FMLA Violations in Florida?

Yes, employees can sue employers who violate their FMLA rights. Common claims include wrongful termination, demotion, or interference with leave.

If you were fired for requesting FMLA leave, you may be entitled to recover:

• Back pay: Compensation for lost wages, benefits, and commissions due to the FMLA violation.
• Front pay: Future earnings you would have received if no FMLA violation occurred.
• Liquidated damages: Damages that are double the amount of back pay awarded.
• Attorney’s fees and legal costs.

A skilled attorney like Brett Kaplan can help you navigate the claims process and fight for the compensation and justice you deserve.