FMLA Law & Rights
When you’re planning to have a child or there is a crisis in the family, individuals are entitled to take unpaid time off from their full-time employer. Per the Family and Medical Leave Act, an employer cannot fire a person or otherwise penalize them for exercising these option.
Our Florida FMLA lawyers advise clients regarding employers’ rights and obligations under FMLA law, along with the relationship between the Family Medical Leave Act, the American’s with Disabilities Act and Florida’s workers’ compensation statute. However, in some cases, people try to take advantage of such statutes. At GCF, we take the rights of employers very seriously and will work to ensure that as an employer, you are complying with provisions required under both national and state law.
Family and Medical Leave Act Law in Florida
Under covered employers, individuals can take unpaid and job-protected leave for specified reasons, and health insurance must continue throughout the duration of this leave. Under the United States Department of Labor, a person can take up to 12 work weeks within a 12-month period for the birth of a child and care for the newborn, as well as for the adoption of a child. A person can also take this leave to care for a spouse, child or parent with a serious medical condition, or an emergency that arises because the person’s spouse, child or parent is a covered military member on “covered active duty.”
A person can also take up to 26 work weeks of leave during a 12-month period to care for a covered service person with a serious injury if the employee is a spouse, child, parent or next of kin to the family member.
However, in order to qualify for this, a person must meet a specific threshold. Not all employees are covered by employers. If you are unsure whether you are covered, contact our attorneys who can help you through every step of the way to ensure you get adequate leave for your specific situation.
If someone has accused your business of failure to comply with the Family and Medical Leave Act in Florida, you have rights. Do not hesitate to contact an FMLA attorney to review the veracity of the claim and protect your business’s interests as needed.