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FMLA leave and discrimination

On Behalf of | Mar 31, 2017 | FMLA Discrimination

Florida employees who work at companies that have at least 50 employees and who have worked at least one year and 1,250 hours may be eligible to take leave under the Family and Medical Leave Act. As a courtesy, an employer might also extend unpaid leave to an employee who has not yet been employed long enough to qualify for FMLA. However, if this is the case, and employees pass their 12-month anniversary while they are on leave, they become eligible for FMLA.

This means that the employee could then take the full FMLA leave. Furthermore, the employer may be discriminating against the employee if they fire them during this time.

Both employers and employees should also be aware that an employee does not specifically have to mention FMLA leave in order to be granted it. For example, a woman who is pregnant may talk about maternity leave without mentioning FMLA. However, the employer may still be considered responsible for ensuring that the employee is able to access this leave.

People might believe that they are facing discrimination at work due to taking FMLA leave, that their termination is due to requesting or taking FMLA leave, or that they have been denied FMLA leave when they were eligible. In any of these cases, they might want to speak to an attorney about FMLA discrimination law firm assistance. Sometimes, an employer may simply be unaware of the employee’s rights and it might be possible to resolve a situation in the workplace. However, filing a lawsuit may also be an option.