Florida FMLA Claims for Employees

Did you know that you are entitled to FMLA for medical leave from your place of employment? Did you know that you have protected time off that you can access for family emergencies of various kinds? Many people are not aware that these provisions are made for employees in the United States and think they need to quit their job to be able to take care of their health or the well-being of their families.

If you have been disciplined at work because of time off or you have been denied the right to use your FMLA leave by your employer, you need to secure a skilled attorney today. Having a legal professional represent your FMLA case can ensure that you are given the time off that you deserve with pay and that your job is protected. The team at the Lopez Law Group has years of experience working on these cases and can help you to protect yourself from unethical treatment by your employer with regard to FMLA leave.

What is FMLA?

FMLA leave is protected leave that is offered to all qualifying employees in the US. Eligible employees are able to take up to 12 weeks of medical leave within a one-year period. This leave can be related to a variety of different medical needs and might also be requested in the case that you need to care for someone else in your family. If you have met the requirements to be able to take FMLA and the reason that you need to take time off is one of the accepted FMLA leave reasons, you should not be denied this request.

You will not be paid during your leave unless you have accrued PTO that is to be used while you are away from work. An FMLA policy is required at all Florida employers, and you should be able to look at the policy for information about how PTO will be used before and after your leave of absence. This leave is intended to be used to protect your job. You will be allowed to come back to work at the end of your leave of absence and return to the same tasks and job role that you held before you took your FMLA leave.

What Are Some Reasons You Can Use FMLA?

There are various protected reasons that you can use FMLA leave in the state of Florida. The reasons that are allowed by law are:

•         Childbirth
•         Care of a newborn
•         Care of an adopted or fostered child
•         Taking care of a family member who has a serious medical condition

You will receive a set amount of pay during the FMLA leave period if you have any PTO to use up, and you will also be able to continue to use your company-supplied health insurance during your FMLA leave. Once you have taken all of your PTO, your FMLA leave will be without pay. However, you will be allowed to come back to your job after the stated period of time that you intend to be on leave.

If a medical professional has not cleared you with an official release letter to come back to work, you are not allowed to do so. The HR team at your employer and the medical team who is caring for you will need to take care of various kinds of documentation to ensure that you are able to both leave work for a set period of time and come back to work on a specific date.

For cases where you have not been diagnosed with a health condition, you will need to state in a letter or, through the use of a form, the reason for your leave of absence. The HR team will approve the leave of absence if it qualifies for FMLA guidelines. You will then be directed about the day you need to return to work.

Who is Eligible for FMLA?

Employees who have worked for a company for a minimum of 12 months or who have 1,250 hours of work over the last 12 months are eligible for FMLA. The employee will need to be employed in the US or a territory of the US, and the business must have at least 50 employees that are employed within 75 miles.

You cannot be denied leave if you meet these qualifications and your reason for requesting leave meets the standards set out by FMLA law. Those who have been denied their FMLA unlawfully will need to seek legal representation for their case. This is one of the key aspects of defending yourself against this kind of denial. Your place of employment might not be motivated to honor your FMLA request if they believe that you cannot force them to accept a correct request for FMLA leave.

Working With a Skilled Lawyer Matters

 When it comes to FMLA law, you should never accept unlawful denials of your request for time off or incorrect decisions made about your FMLA status by your employer. This kind of leave is critical for many employees every year in the state of Florida who have medical emergencies or family emergencies. You should not have to lose your job just to deal with an emergency related to a health condition, the birth of a child, or caring for an adopted child.

If you have been denied FMLA leave or you feel that your leave case has not been handled correctly by your employer, you need to reach out to us today. The team at the Lopez Law Group can help you to protect your FMLA leave and correct errors that might have been made when handling your leave case. We have years of experience with these kinds of cases and can be trusted to handle every step of the process related to protecting your job and your time off.

Contact us today if you have run into difficulties using your FMLA-protected leave. We will be happy to bring you in for a consultation so we can start working on your case today!

See also: GENERAL FEDERAL FMLA CLAIMS FOR EMPLOYEES