FMLA Discrimination – Have You Been a Victim?

The Family and Medical Leave Act of 1993 (FMLA) is a piece of federal legislation protecting workers who have been with their employer for at least 12 months and have worked over 1,250 hours. Companies with at least 50 employees within 75 miles of the worker’s work location are required to grant their employees up to 12 weeks of unpaid, job-protected leave on an annual basis.

The FMLA is an employment law that is intended to protect, individuals, parents, and families, preventing situations where employees are forced to make the difficult decision between their health, their family, and their job.

Unfortunately, employers can, on occasion, disregard Family and Medical Leave Act regulations, while others actually discriminate against employees who may need to take advantage of this leave time law (such as a parent or a pregnant woman, for instance.)

So what happens if your employer refuses to allow you to take time off to deal with a medical issue or a family-related matter such as the birth of a child? This is where Hogan & Hogan, P.A.’s Florida workplace discrimination lawyers can assist. Serving Central Florida, our employment discrimination lawyers deal with a range of cases, including medical leave discrimination cases, Family and Medical Leave Act violation settlements, business disputes and wrongful termination cases based upon medical conditions, disability, ageism, pregnancy discrimination and beyond.

Our labor lawyers also offer legal advice to employers and business owners who have FMLA-related questions and want to ensure that their business practices and HR policies remain within the law.

If you have been the victim of discrimination or were denied time off that ought to have been granted per the Family and Medical Leave Act, contact the Orlando lawyers of the Law Office of Hogan & Hogan, P.A. to discuss your case in a confidential consultation session. Call 407-422-2188.

The Most Common Questions About The Family Medical Leave Act (FMLA) and Employment Law

The team of Florida employment attorneys with the Law Office of Hogan & Hogan, P.A. frequently receive questions about Family and Medical Leave Act regulations, as the law is fairly complex and not every employer or employee is impacted by the act.

Our legal team has compiled information on some of the most common issues and illegal employer practices that our Orlando Family and Medical Leave Act attorneys address.

Which Companies Need to Follow FMLA Guidelines?

The FMLA applies to private sector companies that have had 50 or more employees for a minimum of 20 work weeks in the prior calendar year.

This law also applies to government agencies, along with public and private elementary schools and secondary schools.

What Reasons Are Considered Grounds for Taking a Leave of Absence Per the FMLA?

The medical leave act allows a leave of absence for a number of situations, including:

  • the birth and care of a newborn child;
  • the arrival of a foster child or a newly-adopted child;
  • an employee with a serious health condition; and
  • a serious health condition affecting an immediate family member of the employee, including a child, spouse or parent. As of July 2016, in-laws were not considered “immediate family members.”

As of 2009, the FMLA also allows for military family leave per the National Defense Authorization Act.

If a serious health condition arises, the employee has a minimum of 15 calendar days to get a medical certification from their health care provider.

What Happens if Spouses Work for the Same Employer?

nurse holding leg of person in wheelchairIn cases where both spouses work for the same employer, they may be limited to 12 weeks of combined leave. This applies to cases such as the care of a newborn child, the care of a new foster child or adopted child or the care of an immediate family member.

In cases involving a serious health condition affecting the employee, that individual is entitled to up to 12 weeks of leave, regardless of whether the spouse works for the same employer.

What’s the FMLA 3 Day Rule?

The Family and Medical Leave Act “3-day rule” permits an employee to take a leave of absence to deal with a serious medical condition “that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.”

This is an important point because it covers many conditions that may not otherwise be regarded as a “serious medical condition.”

Does the FMLA Allow for an Intermittent Leave of Absence?

Yes, this law allows an employee to take an intermittent leave of absence or they may opt for a reduced work schedule.

Can I File an FMLA Lawsuit if I Wasn’t Restored to My Job After Returning from Leave?

After returning from Family and Medical Leave Act leave, you must be restored to an “equivalent” position that is “virtually identical to the original job in terms of pay, benefits and other employment terms and conditions,” according to the U.S. Department of Labor.

There are exceptions for “key” employees. Restoration may not be required if it were to cause “substantial and grievous economic injury” to the employer, although the employee must be provided with a written notification and afforded a “reasonable opportunity to return to work.”

Each case is unique, so it’s best to consult one of our employment attorneys to discuss your case.

What Constitutes an FMLA Violation?

If your employer fires you due to taking time off that ought to have been covered by the Family and Medical Leave Act, then this may qualify as an household medical leave act violation. You may opt to take action, such as filing a complaint with the Department of Labor or filing a workplace discrimination lawsuit.

Other examples of employment discrimination cases involving FMLA violations include:

  • discouraging employees from taking leave;
  • disciplining an employee for taking leave;
  • altering a worker’s hours to make them ineligible for FMLA leave;
  • using household medical leave act leave time (or a leave request) as a negative factor when considering an employee for a promotion; or
  • including Family and Medical Leave Act leave as part of a no-fault attendance policy.

The Law Office of Hogan & Hogan, P.A.’s experienced team of Family and Medical Leave Act attorneys can help you seek justice, which can take the form of a settlement, disciplinary action against the employer, and compensation for your losses.

Our Orlando Attorneys Will Assist With Your FMLA Discrimination Lawsuit or Claim

FMLA Discrimination

The FMLA is designed to protect employees from choosing between their job, their family obligations and their health. Our goal is to help you get the justice and the compensation that you deserve for your losses.

At the Law Office of Hogan & Hogan, P.A., we are dedicated to excellence and we believe in taking a unique “clients first” approach to employment law. When you turn to our law firm, you can move forward with confidence knowing you’ve hired a lawyer who will strive to simplify and streamline your legal dealings in an effort to minimize any stress that the client experiences. Dealing with a Family and Medical Leave Act violation is stressful enough; working to find justice shouldn’t be!

Contact our law firm to discuss your case in a free, confidential consultation session.

Call the Law Office of Hogan & Hogan, P.A. at 407-422-2188.