Knowledgeable Family Medical Leave Violations Lawyer Serving Tampa & St. Petersburg Clients
The Family Medical Leave Act (FMLA) is a federal law that protects employees from being terminated for attending to a family medical emergency. Most Florida employers are beholden to the FMLA, which gives employees up to 12 weeks of unpaid leave without repercussion in a 12 month period for a serious medical condition, the birth of their child, or in preparation for a spouse’s deployment. If you used your FMLA privilege and faced termination or retaliatory behavior upon your return, attorney Craig Berman is here to help.
Who is Covered by the FMLA in Florida?
Employers with 50 or more employees within a 75-mile radius must obey the FMLA or face legal consequences. Furthermore, in order to qualify for family medical leave, you must have already been with your current employer for at least one full year and logged a minimum of 1,250 hours.
What Can Family Medical Leave be Used For?
Assuming you meet the above requirements, you may take up to 12 consecutive weeks per year to attend to the following scenarios:
- To recover from a serious medical condition or care for a family or household member who has experienced a serious medical condition
- To bond with your new baby
- To handle qualifying exigencies arising out of a family member’s military service, including deployment
- To care for a family member who suffered a serious injury during active duty in the military
Domestic Violence & FMLA
Victims of domestic violence or abuse are also protected under the FMLA. In Florida, employees who are grappling with a domestic violence issue are afforded up to three days off of work within a 12-month period to handle the situation. Situations qualifying for this leave include time off for:
- Seeking an injunction
- Undergoing physical or mental health care
- Getting help from a shelter, victim’s advocacy group, or rape crisis center
- Relocating or making your home more secure
- Seeking legal assistance
Getting the Help You Need
If your employer denies your request for time off as specified under the FMLA, an attorney can help you file a grievance against them with the proper government or union agency. Attorney Craig Berman has over 25 years of experience and can help you make this situation right.