Recovery of Unpaid Overtime FL

Family Medical Leave Act: Understanding Your Legal Rights as an Employee

The Family Medical Leave Act (FMLA) is a federal law that provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specific family and medical reasons. The FMLA was enacted in 1993 by President Bill Clinton and has since helped millions of workers balance their work and personal lives while dealing with serious health issues or caring for loved ones who are ill.

Who is Eligible for FMLA?

To be eligible for the FMLA, you must work for a company that employs at least 50 people within a 75-mile radius of your worksite. You also need to have worked for your employer for at least 12 months and put in at least 1,250 hours during those 12 months. Additionally, your employer needs to operate in one of the states where the FMLA applies.

What are My Rights Under the FMLA?

Under the FMLA, you have the right to take up to 12 weeks off from work without fear of losing your job or suffering any negative consequences related to your employment. This includes not being demoted, having your pay reduced, or being denied benefits because you took FMLA leave. During this time, your employer must continue to provide you with health insurance coverage under the same terms and conditions as if you were still working.

How do I Apply for FMLA Leave?

To apply for FMLA leave, you will need to inform your employer about the reason for your absence and how long you expect to be away from work. You may be required to submit documentation supporting your request, such as a doctor’s note or other medical records. Once your employer receives notice of your intent to take FMLA leave, they have five business days to respond and let you know whether your request has been approved or denied. If it is approved, they will also provide you with information on when your leave can begin and what steps you need to take before returning to work.

Common Misconceptions About the FMLA

One common misconception about the FMLA is that all employers are required to offer it to their employees. While most larger companies do offer some form of paid or unpaid leave, smaller companies may not be subject to the FMLA or choose not to participate. Another misconception is that the FMLA only covers maternity leave. In fact, the law covers a wide range of family and medical situations, including caring for sick parents or children, recovering from surgery or treatment for a serious condition, and attending appointments with healthcare providers. Finally, many people believe that taking FMLA leave means giving up their job permanently. However, the law requires that employers return employees to their original position or an equivalent one upon their return to work.

If you need more clarity on this, your best bet is to speak with an employment lawyer. contact Lytle & Barszcz today to learn more. Our consultations are free.

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$2 Million dollar jury verdict for minimum wage worker obtained by Lytle & Barszcz in a federal court trial in the United States District Court Middle District of Florida.

The Plaintiff was a minimum wage worker and had been employed less than one (1) month at the Burger King franchise. About a year before working for the company in 2017, she was in a horrific car accident that led to her needing the trachea tube in order to breathe. She was hired by a manager who was informed about the tube and saw it during her initial interview, but a “higher management official” came to the store after she started working and directed that she be terminated because of the trachea tube.

The jury’s award includes $2 million in punitive damages, as well as $30,000 for emotional pain and mental anguish, and $15,519.60 for lost wages, after just a two day trial.

If you think you may have a claim for disability discrimination, contact Lytle & Barszcz today to learn more. Our consultations are free.

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