FMLA Claims

You Don't Have To Choose Between Work And A Family Medical Crisis

If you have encountered problems with getting time off from work to care for a seriously ill child or parent, or for your own surgery and recovery, contact the Law Office of William M. Julien in Boca Raton for the advice of an experienced FMLA lawyer.

The federal Family and Medical Leave Act (FMLA) protects workers from having to choose between the conflicting claims of job and family in situations where the demands of a family member's health condition or immediate medical needs require you to take time off from work. Under the disability laws, an employee has additional protections that allow for time off to recover or to obtain treatment for illnesses.

Know Your Responsibilities For An FMLA Claim

The FLMA provides job protection, but employees do have established procedures and responsibilities to ensure that protection under the act. FMLA entitles employees to leave, makes sure that health benefits will be maintained and that the employee's job will be restored when the leave ends. Employees must also meet notice requirements and certify the need for leave.

The employer is entitled to documentation showing the nature and duration of the treatment for which time off is requested, and an employee's failure to give proper notice of the request or any reasonably requested medical documentation can jeopardize the employee's right to assert an FMLA claim.

If employers fail to live up to their obligations under FMLA, refuse unpaid medical leave upon a proper showing of qualified leave, or retaliate against a worker for using rights to time off from work, they risk liability for damages. The most common example of retaliation is termination for a different stated reason after the employee returns from a period of family or medical leave.

Reasons For FMLA Claims

Examples of situations covered under the FMLA are the following:

  • Pregnancy, childbirth, and maternity
  • Cancer treatment
  • Surgery to repair back, knee, or wrist injuries
  • Treatment for heart disease
  • Extended care for a child or parent
  • Psychiatric treatment

Discuss Your Situation With A Knowledgeable Employment Law Attorney

For additional information about your right to take time off from work either for your own medical needs or for those of a family member, contact Florida FMLA attorney William Julien for information about your claim. Call 561-995-9990 or toll free at 866-569-7398.