Florida FMLA Lawyer
The Family and Medical Leave Act, mostly referred to as FMLA, is a federal law that provides employees with paid leave from work for certain medical needs and/or family reasons. While this law has specific requirements that must be met, it does give time off for illnesses, pregnancy, and other various life events.
The truth is that many employers do not abide by the FMLA regulations. If you have been terminated, demoted or treated unfairly because of a FMLA request, a Florida FMLA Lawyer at Whittel & Melton can help. Contact us online or call 866-608-5529 today.What Are Your Rights?
If you have a personal medical condition, you are entitled to up to 12 weeks of leave. Once you are back in optimal health, your employer is required by law to reinstate you to your original position. FMLA laws are quite strict. You need to enlist the help of a Florida FMLA Lawyer at Whittel & Melton who knows the laws governing FMLA and can make sure your rights are not further violated.Pregnancy And Maternity Leave
A lot of FMLA issues center around maternity leave. New mothers are entitled to maternity leave, and there are various scenarios where employers can violate a mother’s rights. Once a pregnant woman returns from maternity leave, she should be reinstated to her previous position, or an equivalent one once she is back to work. The woman cannot be demoted, terminated or treated unfairly because of her medical absence.What Else Does FMLA Cover?
Under FMLA, employers must allow employees unpaid leave. Employees have no right to wages if they are not working. In addition to pregnancy and maternity/paternity leave, unpaid leave is granted for up to 12 weeks during a 12 month period for:
Adoptions/Foster Children: Leave in regard to caring for newly adopted children and foster care must be granted during the first year the child is placed into the home.
Employee with Serious Health Problem: An employee must be granted leave if a health condition prevents them from performing their job.
Employee with a Family Member with Serious Health Problem: Employees must be granted leave to care for a spouse, child, or parent struggling with a medical condition. Extenuating circumstances can apply for other types of family members, and our Florida FMLA Lawyers at Whittel & Melton can explain these to you.
Military Personnel: An employee in the military, or with a close relative in the military, is eligible for leave. Our Florida FMLA Lawyers at Whittel & Melton can explain the type of conditions that qualify for military leave.
Military personnel Suffering with Illness or Injury: An employee with a relative that is harmed while in service earns the right to have their family with them. The FMLA gives unpaid leave for up to 26 weeks.When Can Leave Be Taken?
As with everything, there are certain requirements for taking leave under FMLA, including:
- Employees must have been working for their employer for at least 12 months and worked at least 1,250 hours within a 12 month period before they can take leave. Additionally, employees will only be granted unpaid leave if they have a good work history.
- Employees can spread out their leave as long as it does not create a major inconvenience to the employer.
- Employers can request medical documentation to support leave due to the health problems of a worker or a relative.
- Employees are generally required to provide 30 days notice before taking leave.
Contact a Florida FMLA Lawyer at Whittel & Melton online now for a free consultation, or call 866-608-5529 to find out more about how we can assist with your claim.
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