Taking protected leave under the Family and Medical Leave Act (FMLA) should never put your job or benefits at risk. Unfortunately, many Florida workers still experience subtle or direct violations of their rights without realizing it. If you want to protect your rights and livelihood, you need to know what violations to look out for.
What FMLA guarantees you
If you are eligible, you are entitled to take up to 12 weeks of job-protected, unpaid leave each year for certain family or medical reasons. This includes welcoming a newborn, caring for a seriously ill family member or recovering from a personal medical condition. Your employer must restore you to the same or an equivalent position when you return.
Remember, though, that you can only qualify for FMLA protections if your workplace is covered by the law. This means they must be a private employer with at least 50 employees within a 75-mile radius. This also applies to public agencies and schools. Employees also need to meet certain standards to qualify for FMLA leave.
If you are unsure if you can file an FMLA leave, you can verify through the U.S. Department of Labor’s Wage and Hour Division or speak with an employment attorney for guidance.
How some employers break the law
Not all employers follow the rules. Some try to discourage leave or punish employees for taking it. Here are a few red flags that may signal an FMLA violation:
- Denying or delaying your request for qualified medical leave
- Pressuring you to return to work early
- Reducing your hours, pay or position after your leave
- Not maintaining your health insurance during leave
Note that even subtle actions like changing your schedule or excluding you from meetings can count as retaliation under the law, and you have every right to report them.
What to do if you suspect a violation
You need proof of the violation so you can report it. Document emails, HR conversations and medical certifications. Then, talk to an employment lawyer familiar with Florida’s FMLA regulations. They can help you confirm the violation and guide you on how to file a complaint or take legal action within the strict two-year (or three-year for willful violations) statute of limitations.
Do not let your employer take advantage of your right to care for yourself or your loved ones. Get the legal guidance you deserve the moment you spot a red flag.