Florida FMLA Law for Employers
Serving You and The State of Florida
If you own a business in Florida, there are a variety of different laws and regulations that you need to be aware of. It can be easy to overlook something or to find out that there has been an issue related to how employee time off has been handled. FMLA is provided for certain employees through federal law. Florida law reflects these federal laws, and your business will need to comply with these laws at all times.
If you have been sued by an employee for violation of FMLA guidelines, you will want to be sure that you are working with a skilled legal team for your defense. These cases are complicated, and you should not assume that you can navigate the legal process related to this kind of case on your own. The employment lawyers at Lopez Law Group can help you with your FMLA case with ease and offer you access to years of experience in this area of law.
What is the Family Leave and Medical Act (FMLA)?
FMLA is a federal law that offers up to 12 weeks of unpaid leave to employees each year if they meet certain qualifications. This leave can be related to a variety of different circumstances:
- The birth and care of a newborn child
- For the placement of a child in foster care of adoption
- Being unable to work due to a serious medical condition
- Caring for a sick family member
Employees become eligible when they have worked for an employer for at least 12 months or 1,250 hours over the past 12 months. They will also need to work at a location that employs 50 or more people in most cases. There are various specifics that need to be met within certain industries, and these specifications can govern the use of FMLA in ways that have no bearing in other industries.
It can be complex to determine if an employee meets the requirements to qualify for FMLA, and it can become complicated to determine if the right paperwork was done and if other conditions were met. Without a skilled HR team working on this kind of leave process, it can be easy for things to go wrong with your FMLA leave cases.
Employer errors related to FMLA are more common than you might think and are usually a result of poor bookkeeping related to employee time off and poor record-keeping related to the date of hire of an employee or the hours that they have worked for the business.
Can an Employer Deny FMLA?
Typically a covered employee cannot be denied this kind of leave or absence. However, if the employee does not qualify for the FMLA protection that they are attempting to use for time off, they can be denied. This is a common area of confusion that can lead to employees suing an employer.
The employer will then need to prove that the employee in question did not meet the requirements to take FMLA leave. A lawyer will need to review the circumstances of the employee’s hiring status, their time with the company, and other details to see if they actually do have a case against your business. If there were no errors on the side of your HR team, then the case might be dismissed. If there are potential issues related to how the denial was handled, the case might be pursued further and could even end up in a court of law.
What Can a Lawyer Do for My Business?
If your business has been sued for denial of FMLA leave, or for incorrect handling of FMLA processes, you will need to secure a skilled lawyer right away. Having an experienced legal team on your side can make all the difference in these kinds of cases. These kinds of cases usually require research and careful documentation of the information that is related to the leave case. Without this work in the background, you will be unlikely to win the suit against you.
In some cases, the evidence might be inconclusive or muddled, and your lawyer will work hard to secure a fair and favorable settlement with the employee who has sued you. If negotiations are not favorable, your lawyer will be able to represent your case in a court of law. Being sure that you are getting access to the right kind of experienced legal support needed to protect your business is key in these cases.
Since FMLA is a federal law, there is a lot of precedent about these kinds of cases. Your lawyer will be familiar with the correct defenses that are used to secure a good outcome in your case, and they will know how to present the case information to the judge clearly. This can make all the difference when your case has to be examined by a judge, and you can protect your business reputation with the help of your lawyer.
Working With a Skilled Legal Team Matters
FMLA cases can be complex, and you will need to have expert legal assistance to secure a favorable outcome in this kind of case. The team at Lopez Law can help you to secure a good outcome for negotiations and can investigate FMLA cases related to your business. If your case has to be heard by a judge, the team at Lopez Law will prepare the case carefully so that all of the evidence is present for the judge to make a correct and fair decision.
FMLA law is federal law and is also protected by Florida State Law. This means that certain requirements must be met before an employee can go after your business for issues related to a leave of absence. Make sure that you have a skilled legal team on your side to ensure that you are not taken to court over a leave of absence.
Contact us today and let us get started working hard on your case. We take these kinds of cases very seriously and have years of experience securing the correct outcomes for our Florida clients.
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What Our Clients Say
Mr. Lopez was a Godsend and really helped me with my situation. Him and the entire firm were very diligent and helped speed the early stages of the process along due to a pressing situation. Throughout my experience working with the firm, they were always responsive and available any time I had a question or wanted to check on the state of affairs. Hopefully I won’t have to recommend Lopez Law Group to my friends or family, but if those unfortunate circumstances arise then there’s only one name I would trust. Thank you again for all your help!
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