FMLA – Family Medical Leave Act
Berman Law Firm is staffed with FMLA Lawyers Serving Tampa Florida and St. Petersburg Florida.
Employees are granted a number of rights regarding their employment under state and federal laws. This includes rights such as protection from discrimination in the workplace, protection from sexual abuse or harassment at work, and guaranteed minimum wages, among others. One such important right that employees are given by the United States Department of Labor through the Family and Medical Leave Act is the ability to take protected, albeit unpaid, leave under certain circumstances. When employees are not fairly granted their family medical leave rights, whether an employer does not allow them to take unpaid leave, demotes them from their position, or fires them for taking protected leave, employees can take action against their employer for this mistreatment.
Family Medical Leave Rights
Under the Family and Medical Leave Act, any eligible and covered employee is legally required to be given up to 12 weeks of protected, unpaid leave, meaning they will be able to return to their job after their leave, but will not receive wages for the time that they are gone. According to the Family and Medical Leave Act, leave is granted when an eligible employee has to:
- Care for a child, spouse, or parent who is suffering from a serious illness
- Take care of a newborn child in the first year of its life
- Look after and caring for an adopted or fostered child within the first year of placement with the employee
- Seek care for a serious illness that prevents them from performing their job duties
- Deal with a qualifying need due to the “covered active duty” service of a parent, child, or spouse who is a covered military member
Additionally, an eligible employee must legally be granted 26 weeks of unpaid, protected leave in one year when they are providing care for a military service member who is their parent, spouse, child, or next of kin.
Seek Legal Help
Protecting your employee rights is critical; however, it can be difficult to get the restitution or fair treatment you are owed when fighting against an employer who has violated your family medical leave rights. As such, seeking legal guidance and support can be essential. To better understand your rights in this situation and what legal action you can take, talk with lawyer Craig Berman from the Berman Law Firm.
For a Free Initial Consultation to learn more about your legal rights under the Family Medical and Leave Act, contact us at 727-550-8989.