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Family & Medical Leave Act
Dedicated Tampa FMLA Lawyer
Protecting Your Rights Under the Family & Medical Leave Act in Miami, Orlando, and all throughout Florida
If your employer has refused your rightful leave or retaliated against you for taking leave, you may be entitled to relief. At Justice Litigation Attorneys, our qualified FMLA attorneys in Tampa understand the impact this can have on your financial security and your well-being. We are committed to repairing the damage by holding at-fault employers responsible for negligent or willful violations of the FMLA.
What Is the Family and Medical Leave Act?
The Family and Medical Leave Act (FMLA) was created to protect employees taking unpaid leave for family or medical reasons. Employees maintain their group health benefits and can expect to return to an equivalent job after the leave period. In addition to providing job-protected leave, employers cannot retaliate against employees for taking protected leave.
Who Is Eligible for FMLA?
Florida employers are required to follow the FMLA if they employee at least 50 workers. These employees must also all reside within a 75 mile radius of the employer. Employees are likewise covered if they have worked for the employer at least a year, for a minimum of 1,250 hours.
How Long Is FMLA in Florida?
Under the FMLA, employees are entitled to 12 weeks of unpaid leave in a 12-month period for the following reasons.
Qualifying Reasons for FMLA:
- The birth of a child
- The adoption or foster care of a child
- The employee must care for a seriously ill or injured family member
- The employee is suffering from a serious health condition affecting their ability to perform their essential job duties
- The employee must time off because their child, spouse, or parent is active in the military
Employees who require leave as a military caregiver can take up to 26 weeks of leave.
In addition to these rights granted under federal law, Florida also allows employees to take time off for domestic violence matters. Domestic violence victims can take three days off to seek legal assistance, medical care, and other services.
What to Do if Your FMLA Rights Are Violated
Unfortunately, some employers do not comply with the regulations set forth by the Family and Medical Leave Act. If you believe your FMLA rights have been violated, it is important to take action to protect yourself and your job.
Here are some steps you can take:
- Document the violation: Keep a record of any incidents that you believe violate your FMLA rights, including dates, times, and any witnesses.
- Report the violation: Bring the violation to the attention of your supervisor or HR department, and follow your company’s grievance procedures.
- Make a complaint: You can make a complaint to the Department of Labor if you are unable to settle the problem internally.
- Engage legal counsel: Consult with a seasoned FMLA lawyer who can assist you in understanding your legal alternatives and preserve your rights if you believe your FMLA rights have been infringed.
At Justice Litigation Attorneys, our Tampa FMLA lawyers are dedicated to helping employees protect their rights under the FMLA. If you believe your FMLA rights have been violated, contact us today for a free consultation.
Why Choose Our Tampa FMLA Lawyers
Are FMLA challenges affecting your workplace? Turn to Justice Litigation Associates, your trusted Tampa FMLA Lawyer. We specialize in FMLA cases, ensuring your rights are upheld and protected. Our dedicated legal team has the expertise to guide you through the intricate laws surrounding FMLA, advocating for fair treatment. Let us be your voice in the pursuit of justice and work-life balance. Reach out to Justice Litigation Associates , and let's ensure you receive the rights and benefits you deserve under the FMLA. Your peace of mind and wellbeing matter to us.
Contact our FMLA lawyers in Tampa at (800) 219-1324 to find out more about the Family & Medical Leave Act and how our Tampa FMLA lawyer can ensure your rights are protected.
Identifying & Exposing FMLA Violations
Not all employers understand the FMLA, and some willingly attempt to violate its protections. There are several common ways that covered employers may violate the FMLA. Our Tampa FMLA lawyer can help identify potential violations that may have occurred. Contact our FMLA lawyers in Tampa.
What Is Considered FMLA Harassment?
FMLA safeguards your right to medical leave for qualifying reasons. Harassment or discrimination during FMLA leave is a violation of your rights. Facing FMLA violations and harassment can be distressing. At Justice Litigation Attorneys, our legal team is here to support and guide you if you're dealing with any form of FMLA harassment.
FMLA Violations by Employers:
- Denial of leave, forcing a choice between your job and well-being
- Intimidation or threats - co-workers or supervisors may intimidate or threaten you to deter FMLA
- Negative ocmments about your FMLA leave, creating an unfriendly work environment
- Failing to recognize a serious medical condition qualifying an employer for leave
- Leave notification policies that are too stringent or unrealistic
- Not continuing an employee's health insurance during their FMLA leave
- Pressuring employees on leave to return to work sooner
- Not reinstating the employee to an equivalent position when they return from leave
- Requiring the employee to provide more information than what is allowed under the FMLA
- Punishing employees who take leave through unreasonable negative performance reviews or counting time off against the employee
- Firing employees who take protected leave
- Requiring employees to work while on FMLA
Can My Employer Discuss My FMLA With Other Employees?
If you're concerned about your employer discussing your FMLA situation with other employees, it's important to understand your rights. At Justice Litigation Attorneys, our FMLA lawyers in Tampa are dedicated to safeguarding your rights and providing expert guidance on FMLA matters.
Employee Privacy and FMLA
The FMLA is designed to protect your rights to leave for specific family and medical reasons, while also ensuring your privacy. Generally, your employer is prohibited from sharing your FMLA details, including medical information, with other employees.
Exceptions to Confidentiality
While confidentiality is the norm, there are limited exceptions. Your employer may discuss your FMLA situation with:
- Supervisors or Managers: Limited information may be shared with these individuals to accommodate your leave and ensure a smooth workflow.
- HR Personnel: HR professionals may be informed to coordinate leave and ensure compliance with FMLA requirements.
- Leave Administrators: Third-party administrators involved in handling FMLA leave may receive necessary information.
Can I Be Fired While On FMLA?
While on leave, your job is generally protected, and your employer must maintain your health benefits. While the FMLA provides important job protection, it's essential to understand that it doesn't offer absolute immunity from termination. However, you cannot be fired solely for taking FMLA leave. Your employer must have valid reasons for any termination that occurs while you're on FMLA leave such as performance issues, layoffs, and policy violations. If you believe your termination is related to your FMLA leave, you should seek legal advice from a Tampa FMLA attorney at Justice Litigation Attorneys.
To find out how a Tampa FMLA attorney can help you, call (800) 219-1324. We have represented thousands of employees and can offer knowledgeable, empathetic insight.
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“...Chad reassured me that he had my best interest at heart and he and his team certainly proved that!” - Former Client
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“I was beyond elated and filled with hope when Sam Doxsee and Chad Justice stepped up to be my champions!” - Former Client
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“Chad is by far one of the best employment attorneys. He's honest and straightforward. He told me what would happen and a few possible outcomes, never sugar coating the situation I had at hand.” - Former Client
Get the Passion & Skill of Our Team on Your Side
Exposing FMLA violations by employers often requires a thorough investigation and exhaustive preparation of evidence. We have experience exposing wrongful termination, demotion, and workplace discrimination related to FMLA absences. As a thoroughly dedicated Tampa FMLA lawyer, Chad Justice leads our firm with passion and skill in Miami, Orlando, and all throughout Florida.
As an employee, it's important to understand your rights under the Family and Medical Leave Act (FMLA).
Protecting Your Job and Family with FMLA
At Justice Litigation Associates, our experienced Tampa FMLA lawyers are dedicated to protecting your rights and ensuring that employers comply with the law. We have successfully represented clients in Miami, Orlando, and throughout Florida, helping them navigate the complexities of FMLA regulations.
By partnering with our skilled team, you can:
- Learn about your eligibility for FMLA leave
- Understand the duration of FMLA leave in Florida
- Identify and expose any FMLA violations by your employer
- Address concerns regarding FMLA harassment
- Protect your privacy and understand exceptions to confidentiality
- Ensure that you are not wrongfully terminated while on FMLA leave
Don't let your employer infringe upon your rights. Contact Justice Litigation Associates today to have passionate and skilled legal representation on your side. We will fight for your job security and the well-being of your family.
To find out how a Tampa FMLA attorney can help you, call (800) 219-1324. We have represented thousands of employees and can offer knowledgeable, empathetic insight.