General Federal FMLA Law For Employers

Do you know how FMLA works? Could you manage all of the FMLA cases that come across the desk of your HR team without help? The fact is that most Florida-area businesses have HR teams that are poorly prepared to handle these cases, and many companies do not actually employ a FMLA expert on their HR team.

If you operate a Florida-area business, you need to be sure that you are taking care of FMLA cases correctly. These are federally-protected rights that are offered to qualifying members of your staff, and you must handle these cases correctly to avoid legal action being taken against your business. Working with the employment lawyers at The Lopez Law Group will ensure that you do not run into legal issues related to FMLA cases.

What is FMLA?

FMLA is a federal law that requires that employers grant protected time off or leaves of absence to employees who meet certain qualifications. Employers cannot hire someone to replace this person while they are on FMLA, and they often cannot deny employees the use of this protected time off. Employees qualify for FMLA if they have worked for 12 months for the employer ( does not have to be consecutive time) or if they have worked for 1,250 hours during the 12 months prior to asking for FMLA leave.

FMLA provides twelve workweeks of leave in a 12-month period for the following:

•         The birth or care of a newborn child within one year of birth.
•         The placement of a child in adoption or foster care within one year of placement.
•         The care of a spouse, child, or parent with a serious health condition.
•         The care of an employee’s own health condition that makes them unable to perform the stated duties related to their job.
•         Any situations arising from an employee’s spouse, son, daughter, or parent being on active military duty.

This leave will usually be unpaid unless the employee has paid time off. This paid time off must be used before FMLA benefits are accessed in most cases. Employers are only able to deny this leave of absence under FMLA law if the employee does not qualify to access FMLA benefits.

FMLA provides 26 weeks of leave for staff that have military service people in their immediate family that they are caring for. These cases also allow for the use of exigency leave, which allows for a leave of absence in these cases that is also protected. Military leave cases can be much more complicated than other FMLA leave cases, which means that speaking to a lawyer might be in your best interest.

Common Reasons for Lawsuits Related to FMLA

There are many common pitfalls that can trip up Florida employers related to FMLA law. Many of these problems can arise due to placing too much trust in the HR department to be aware of all of the intricacies of FMLA law. Without a FMLA expert on your HR staff, you might open your business up to lawsuits related to the mishandling of these cases. Working with a skilled legal team like the one at the Lopez Law Group will help ensure that you manage your FMLA cases correctly to avoid legal action being taken against your business.

The common problems that happen to businesses related to FMLA law are:

•         Incorrectly denying FMLA cases due to lack of information or incorrect information about the hiring status of the employee, the number of hours worked, or their employment periods.
•         Incorrectly terminating the employee while they are on FMLA leave.
•         Using discriminatory practices to justify the denial of FMLA rights or to justify termination that is not in compliance with FMLA law.
•         Reporting details of the FMLA case incorrectly and tracking time related to FMLA leave incorrectly.
•         Requiring that staff switch jobs or change positions during their absence to allow a replacement to be hired.
•         Changing the job description of the FMLA employee on leave without notifying them of the alterations to their position.
•         Terminating the position that the employee was hired to do while they are on leave

These kinds of errors can lead to lawsuits being brought against your business by the employee that was impacted by this incorrect case management. Having the support of a skilled legal team can make all the difference in your management of these cases. The team at Lopez Law Group can help keep you apprised of any changes to FMLA law and can look at your internal policies related to the creation and management of these cases.

Safeguarding the jobs of those who are on FMLA is key, and making sure that employees are notified that they are able to take this time off is also essential. Your HR team can benefit from the guidance and information that our legal team can provide so that your Florida-area business stays compliant with Florida state law, as well as federal law. Since military-service FMLA cases have their own unique laws, these cases can also be better supported with the help of our lawyers.

Ensure That Your Florida Business is Following FMLA Law Correctly

Working with a skilled team of legal experts can make all the difference when it comes to taking care of your business’ FMLA cases. There are many intricacies inside these laws related to employee qualifications for leave, as well as military leave cases. Some industries also have different FMLA requirements related to job protection and safeguards. Making sure that you are not accidentally violating FMLA regulations is critical, and the team at Lopez Law Group can help you to make sure that this is not a risk that you have opened yourself up to.

Working with the team at Lopez Law Group will provide you invaluable access to legal support related to FMLA law and FMLA lawsuits. You can count on us to help you manage these cases and utilize FMLA law correctly. Contact us today so that we can provide you with the representation that you need for employee leave cases.