Fort Lauderdale Family & Medical Leave Act (FMLA) Lawyers

Enforcing Your FMLA Rights in South Florida

Under the Family and Medical Leave Act (FMLA), your employer is required to provide you with unpaid leave if you need to deal with certain family and/or medical issues, including the birth of a child, your own serious health condition, or the health condition of a spouse, child or parent. This holds true if your employer is large enough and you have worked for the company long enough as outlined under law.

At The Amlong Firm, our employment law attorneys are committed to helping you enforce your rights under the FMLA, particularly if your employer is retaliating against you for simply needing to take care of a loved one.

Ready to speak to an attorney about your FMLA issue? Call us at (954) 953-5490 or through our online request form today.

What Exactly is the Family & Medical Leave Act?

The Family & Medical Leave Act (FMLA) is a federal law that was passed in 1993. Under this law, covered employees are granted up to 12 weeks of job-protected unpaid leave annually. During such leave, group health benefits are protected as well.

Under this law, your job is protected while you take leave to attend to a family or medical matter such as the following:

• The birth and care of your newborn child
• The adoption or foster care of a new child
• To care for your spouse, child, or parent who has a serious health condition
• To get care for yourself when unable to work due to a serious health condition
• To handle an exigency that qualifies involving your spouse, child, or parent who is an active military service member

Furthermore, the FMLA also protects you from retaliation or discrimination by your employer should you decide to take FMLA leave. This means your employer cannot fire you, demote you, decrease your salary, or take any adverse action toward you simply because you plan to take or have already taken leave under the FMLA.

FMLA Qualifications & Eligibility

Those employers who are subject to this law include all public agencies, including federal, state, and local entities, public and private schools, as well as any employer who employs 50 or more people.

To be eligible for this type of leave as an employee, you must have worked for your employer for at least 12 months, worked a minimum of 1,250 hours during those months, and at a location where the company employs 50 or more individuals within 75 miles.

Generally, you must give some reasonable notice to your employer to take advantage of FMLA leave. Requirements vary based on the circumstances but some general guidelines can apply. For example, if you are expecting a child which is a foreseeable circumstance, you must provide your employer with 30 days’ notice or notice that is as practicable as possible. You must also provide your employer with enough information so that it can be understood why the leave is necessary. Finally, in some cases and with some employers, you may be asked to provide medical certification that shows that your request for leave falls under FMLA’s guidelines.