Hollywood FMLA Lawyer Safeguards Employees’ Rights to Take Family and Medical Leave

Florida employment attorney helps workers take the time to protect their health and loved ones

The Family and Medical Leave Act (FMLA), a federal statute, recognizes that employees might need time off from work to deal with family and health concerns. The Law Offices of James Jean-Francois, P.A. agrees and is committed to representing workers when employers violate employees’ rights under this law.

When does the FMLA cover you?

You are eligible to take leave through the FMLA if:

• Your employer has at least 50 employees working within 75 miles of you for at least 20 weeks since the beginning of the previous year.
• You worked for the company for at least a year.
• You work at least 1,250 hours per year.

If you’re denied leave when you’re eligible, you can trust in my knowledge of employment law to offer the advice and advocacy you need.

For what reasons may you go on leave, and for how long?

If you’re eligible, you may take up to 12 workweeks of unpaid leave in a 12-month period for any of these reasons:

• Birthing, adopting or fostering a child, and caring for that child during the first year thereafter
• Caring for your spouse, child or parent with a serious medical condition
• Recovering from a serious medical condition that prevents you from working
• Certain activities related to your family member’s active military service, such as military events, arranging child care, quality time with the family member and counseling

If your spouse, child, parent or next of kin has a medical condition tied to military service, you may take up to 26 non-renewable workweeks for each servicemember (but no more than 26 workweeks in a 12-month period). I can advise you whether you are entitled to take a leave to care for them and what you can do to enforce your rights.

Tenacious advocate fight for workers’ FMLA rights

Your employer may violate your rights under the FMLA if, for instance, your company:

• Fails to let you take the leave when you meet the statutory requirements to do so
• Cuts off your health insurance coverage during the leave
• Disciplines, terminates or harasses you during the leave
• Fails to reinstate you to your pre-leave position, except in certain statutorily recognized circumstances

If your employer violates your rights, I can take action to force compliance and, if necessary, bring a suit to protect your rights and seek compensation for wrongful conduct.

Do I need to give notice of my intention to take leave?

Yes, you must give your employer at least 30 days’ notice if you know about the need for FMLA leave in advance, as long as it is possible and practical to do so. Failing to give 30 days’ notice where required allows the employer to delay the leave until 30 days after the date notice is actually provided.

When can my employer legally refuse to restore my employment at the end of my leave?

Only in two circumstances. You are not protected from job changes — such as elimination of your shift — that would have occurred even if you were not on leave. An employer may also deny job restoration to certain “key employees” to prevent substantial and grievous economic injury to its operations.

Can I be paid during FMLA leave?

Yes. Your employer may designate leave taken under a disability plan or under workers’ compensation as FMLA leave. You and your employer may also agree to have your accrued paid leave supplement the paid plan benefits, such where the plan provides replacement income for only two-thirds of your salary.

What are my remedies if my employer violates my FMLA rights?

You may file a complaint with any local office of the U.S. Department of Labor’s Wage and Hour Division within a reasonable time after learning of the FMLA rights violation. Alternatively, you may bring a lawsuit in federal or state court. Generally, a suit must be filed within two years after the last violation.

What can I recover in a suit for violation of my FMLA rights?

If your employer wrongfully denies you FMLA leave, refuses to restore your employment or retaliates against you, you can recover wages, salary and benefits you have lost or will lose in the future as a result. You may also recover your attorneys’ fees and the costs of the lawsuit.

Contact a Hollywood wrongful termination lawyer to schedule a free consultation

If your employer in the Hollywood, Florida area violates your rights under the FMLA, the Law Offices of James Jean-Francois, P.A. provides trustworthy advice and skilled representation. To schedule a free consultation, call 954-780-8505 or contact me online. My office is conveniently located at 6100 Hollywood Blvd., Suite 211, between Florida’s Turnpike and South State Road 7.