Employment Law
FMLA
FMLA: Family and Medical Leave Act
When life happens, your job shouldn’t be on the line. The Family and Medical Leave Act (FMLA) protects eligible employees from losing their jobs when they need time off for certain family or medical reasons. But FMLA can also be one of the most misunderstood—and mismanaged—areas of employment law.
We represent both employees asserting their FMLA rights and employers navigating compliance, leave policies, and litigation.
What Is FMLA?
The FMLA is a federal law that gives eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons, including:
- A serious health condition (physical or mental)
- Caring for a spouse, child, or parent with a serious health condition
- Pregnancy, childbirth, or bonding with a new child (birth, adoption, or foster care)
- Qualifying military family leave or caring for a covered service member
During FMLA leave, your job (or a comparable job) must be protected, and your health benefits must continue.
Employee Eligibility for FMLA
To qualify for FMLA leave, the employee must:
- Work for a covered employer (private employers with 50+ employees within a 75-mile radius, or public agencies of any size)
- Have worked for the employer for at least 12 months (not necessarily consecutively)
- Have worked at least 1,250 hours in the 12 months prior to taking leave
For Employees: Protecting Your Right to Leave
We help employees who have experienced:
- FMLA interference – when an employer wrongfully denies or discourages leave
- FMLA retaliation – such as demotion, discipline, or termination after requesting or taking leave
- Employer failure to maintain benefits or reinstate you after leave
- Confusion or denial related to eligibility, certification, or notice
You don’t have to accept vague answers or fear retaliation. If your rights were violated, we’ll help you hold your employer accountable and seek compensation.
For Employers: Managing FMLA Compliance
FMLA missteps are among the most common causes of employment litigation. We help employers:
- Determine eligibility and respond to leave requests properly
- Handle intermittent leave, recertifications, and return-to-work procedures
- Train HR and management staff on compliance
- Draft and update FMLA policies and employee handbooks
- Defend against FMLA interference and retaliation claims
- Manage overlaps with ADA, workers’ comp, or short-term disability
We know the challenges employers face—and we offer the legal support you need to protect your business.
Florida-Specific Considerations
While Florida does not have a separate state leave law like some states, FMLA still fully applies to eligible employees in Florida. Additional rights may apply under the ADA, pregnancy-related laws, or employer-specific leave policies, which we also help interpret and apply.
Need help with an FMLA issue?
Whether you’re an employee denied leave or an employer unsure how to handle a request, we’re here to help. Contact us today to schedule a consultation.
FAQ
Is FMLA paid leave?
No. FMLA provides unpaid leave, but you may use accrued paid time off (PTO, sick leave, vacation) during your FMLA leave if your employer’s policy allows it—or if you choose to.
Can I be fired while on FMLA leave?
Not for taking FMLA leave itself. However, if there’s a legitimate reason unrelated to the leave (such as layoffs or misconduct), termination may be lawful. We evaluate the facts to determine whether your FMLA rights were violated.
Does pregnancy qualify for FMLA?
Yes. You can take FMLA leave for prenatal care, incapacity due to pregnancy, childbirth, and bonding with your newborn.
Can an employer ask for medical documentation?
Yes. Employers can request medical certification, but they must follow specific rules and timeframes—and cannot demand details about the diagnosis. We help both sides navigate this process correctly.
How should employers handle intermittent FMLA leave?
Carefully. Intermittent leave is allowed under certain conditions, but managing it requires strict recordkeeping and communication. We provide guidance to ensure compliance and reduce disruption.
Facing workplace discrimination or harassment? Need help protecting your business?
Contact us today to schedule a confidential consultation.