Dedicated and Experienced Tampa FMLA Attorney
Protecting Your Rights Under the Family & 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.
If your employer has refused your rightful leave or retaliated against you for taking leave, you may be entitled to relief. At Justice for Justice, our FMLA lawyers 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.
To find out how a Tampa FMLA lawyer can help you, call (800) 219-1324. We have represented thousands of employees and can offer knowledgeable, empathetic insight.
Who is Covered Under the FMLA in Florida?
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.
Under the FMLA, employees are entitled to 12 weeks of unpaid leave in a 12-month period for the following reasons:
- 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.
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.
Typical violations of the FMLA committed by employers include:
- 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
Exposing FMLA violations by employers often requires a thorough investigation and exhaustive preparation of evidence. We have experience exposing wrongful termination, demotion, and discrimination related to FMLA absences. As a thoroughly dedicated Tampa employment lawyer, Chad Justice leads our firm with passion and skill.
Contact us at (800) 219-1324 today to find out more about the FMLA and how you are protected.
He made me feel like I was his most important client and went above and beyond spending time on my case.- Austin S.
...[Chad]was very helpful in regard to Cobra law and other avenues to obtain health insurance.- D. Wilson
He really took great care of me and fought for my case.- Botija
Chad worked diligently on my employer claim and got me to a settlement I was happy walking away with.- Former Client
After being denied by over seven different firms I finally got ahold of Chad Justice and he was able to not only take my case but to get a favorable outcome.- Shawn
Class Recovery for 2,300 employees Nation-wide Class Action
Attorney Chad Justice was appointed class counsel on behalf of over 2,300 former employees of a multinational company and obtained a recovery for each class member
Recovery Obtained Sexual harassment; President of company resigned
Attorney Chad Justice represented a female employee who was subjected to sexual harassment by the President of the company. Mr. Justice not only obtained a recovery for his client but also was responsible for the President resigning. - Confidential recovery obtained
$484,000 Total Recovery State-wide Class Action for Home Health Aides
Attorney Chad Justice successfully litigated a state-wide class action where over 100 Home Health Care workers were summarily dismissed without notice and did not receive their last paychecks. Mr. Justice obtained a judgment on behalf of those former employees. $484,000 total recovery; Obtained $194,00.00 Judgment for over 100 home health care employees.