FMLA Violations FAQs: A Guide For St. Petersburg Employees
The Family and Medical Leave Act (FMLA) protects your right to take necessary leave for personal or family health reasons without fear of losing your job. Unfortunately, some employers may not adhere to these protections, leading to violations that can affect your livelihood and well-being.
If you believe your rights under the FMLA have been compromised, it is crucial to understand your options and seek guidance. Berman Law Firm, P.A., is dedicated to helping you navigate these challenges and ensuring that your rights are upheld.
What is the FMLA, and how do I know if I’m eligible?
The FMLA allows eligible employees to take unpaid leave for certain family and serious medical reasons. You must work for a covered employer, have completed 1,250 hours in the past 12 months, work at a location with 50 or more employees within 75 miles, and have been employed for at least 12 months.
What counts as an FMLA violation by my employer?
A violation occurs when an employer unlawfully denies or interferes with an employee’s leave.
What is considered misuse of FMLA?
An example is using leave for purposes not covered under the legislation, such as taking leave under false pretenses.
Can my boss ask me why I’m taking FMLA?
Your employer can request a general reason for the leave but cannot ask for specific medical details.
Can my employer fire me while I’m on FMLA leave?
Your employer cannot fire you for taking FMLA leave, but they can terminate you for unrelated legitimate reasons.
What types of compensation can I recover for an FMLA violation?
You may recover lost wages, benefits, attorney’s fees and possibly liquidated damages.
How long do I have to file an FMLA claim?
You typically have two years from the date of the alleged violation to file a claim. However, if the violation is deemed willful, meaning the employer knowingly disregarded the law, the time frame to file a claim extends to three years.
Call Attorney Craig Berman For Compassionate Employment Law Support
If you encounter any issues with FMLA compliance, contact Berman Law Firm, P.A., and we will help you get fair compensation. Call our St. Petersburg office at 727-547-3316 or fill out this form to set up an appointment today.