Fort Lauderdale FMLA Lawyer

Dedicated Fort Lauderdale FMLA Attorney

Workers occasionally encounter challenging circumstances that necessitate time away from work to take care of a loved one or attend to their own medical requirements. Knowing your rights at work can be crucial in these situations. Employees can learn more about the federal law’s provisions and how they can apply to their situation from a Fort Lauderdale FMLA lawyer.

About The Law Office of Michelle Cohen Levy, P.A.

The Law Office of Michelle Cohen Levy, P.A., represents employees and employers in South Florida. Attorney Michelle Cohen Levy practices law in Fort Lauderdale and has handled various employment issues and disputes.

Michelle Cohen Levy is a solo law practitioner, which allows her to interact with every client directly. She focuses on effective, efficient, and economical solutions to legal issues, which have been recognized by Super Lawyers Rising Stars and the National Association of Distinguished Counsel.

Employment law FMLA cases in Broward County can be filed in the Broward County Courthouse. The Courthouse is located at 201 SE 6th Street, Fort Lauderdale, FL 33,301.

What Is FMLA?

FMLA is the Family and Medical Leave Act. It is a federal law that provides certain employees with up to 12 weeks of unpaid leave during any 12-month period. The FMLA was passed to allow employees to tend to certain family matters without having to worry about automatically losing their job. An eligible employee may take a total of 12 weeks of FMLA leave during any 12-month period for any of the following reasons:

• To welcome a newborn into your family and the associated care of that newborn
• The employee’s serious health condition
• To care for the spouse, child, or parent of the employee if such family member has a serious health condition
• Any qualifying event because a member of the employee’s immediate family is covered through military enlistment
• To look after a spouse, son, daughter, or parent who is a covered servicemember with a serious health condition, a situation known as Military Caregiver Leave

FMLA leave may be extended to a total of 26 workweeks during a single year to care for a covered servicemember.

Who Is Eligible for FMLA Leave?

Only 27% of American private sector employees had access to paid family leave through their employer as of March 2023, and only 43% received short-term disability insurance from their workplace. Additionally, 95% of low-wage workers do not have access to paid family leave, and 90% do not have access to short-term disability benefits. This shows a great need for those to be informed of their rights and options. To be eligible for FMLA, an employee must:

• Have worked for their employer for at least 12 months
• Have at least 1,250 hours of service for the employer during the 12 months prior to the leave

In addition, the employee’s employer must have at least 50 employees during the 12-month period. This must include 50 employees within 75 miles of the employee’s workplace.

Employer Obligations

Under FMLA laws, covered employers must do several things when an employee requests or takes qualifying leave. For example, employers generally must notify employees of their FMLA rights and responsibilities, consider employees’ requests for leave, and continue to provide group health benefit coverage to employees on approved leave.

Employers cannot interfere with, restrain, or deny employees’ FMLA rights. Employers also may not retaliate against employees for requesting or using protected FMLA leave. Employers can require employees to comply with reasonable leave procedures and provide medical certifications for leave when allowed by law. Employers and employees should communicate clearly throughout the FMLA leave process.

Hire an FMLA Lawyer

FMLA provisions are often complicated. An employee should hire an FMLA lawyer if they are unclear about whether they qualify for FMLA leave, have questions about their employer’s responsibilities, or are having disputes with their employer related to taking protected leave. Employment issues can be difficult to navigate alone, without legal counsel in Fort Lauderdale, Florida.

An employee with concerns can review their options with an experienced employment attorney. Employers may also benefit from consulting a Fort Lauderdale FMLA attorney regarding administering leave, understanding FMLA compliance rules, gathering documentation, and developing workplace policies.

FAQs

What Is an FMLA Lawyer?

An FMLA lawyer is an attorney who helps clients with issues related to the Family and Medical Leave Act. This could involve questions of who qualifies for leave, proof of medical need, requests for sporadic time off, claims of reprisal, or disputes over denied leave. A lawyer can help you understand your rights under federal law when you take a leave of absence from work or have questions during or after your leave.

Can I File a Claim Against My Employer for Unfair Treatment in Florida During FMLA?

Whether or not you can sue your employer for unfair treatment in Florida depends. Florida is an at-will employment state, which means that an employer can terminate you for any reason or no reason at all, so long as the reason is not unlawful. You may, however, have a claim against your employer if your employer has treated you unfairly based on a protected reason, such as going on FMLA or because of your race or age.

Is FMLA a Law in Florida?

Florida law does cover FMLA. It is a federal statute that provides eligible employees with protected leave for up to 12 weeks. Florida does not have a separate state FMLA law, but if you qualify, you can take advantage of the federal FMLA so you can take the time off that you need.

Can You Be Terminated While on FMLA in Florida?

Approval for FMLA leave does not completely protect an employee from termination. While your employer cannot fire you for taking FMLA leave, they can terminate you for other legitimate reasons such as layoffs, restructuring, or performance problems that you would have been fired for even if you hadn’t taken FMLA.

Fort Lauderdale FMLA Lawyer

FMLA is vital to helping employees navigate personal challenges without fear of losing their employment. However, filing for FMLA correctly and monitoring your employer’s treatment of your FMLA leave are important to successfully navigating your needs. If you have questions regarding your FMLA options, The Law Office of Michelle Cohen Levy, P.A. can help provide clarification. Contact us today for a consultation.

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