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An employee's rights to family and medical leave

Many employees in Florida are entitled to time off from work in certain circumstances related to medical needs or family issues. The Family and Medical Leave Act is a federal law that requires employers with 50 or more employees to provide workers with a certain amount of time off when they need it because of the birth of a child, adoption of a child, medical issues or caring for an immediate family member with a medical problem. According to the FMLA, employers must give up to 12 weeks of leave.

During these 12 weeks of FMLA leave, employers must hold the jobs of these workers. At the end of the 12-week period or when they are ready to return to work, they should be able to do so without fear of retribution, retaliation or discrimination from the employer. In order to take FMLA leave, the employee must ask for this type of leave directly from the employer.

While employers cannot discriminate against an employee who needs FMLA leave, they can ask for documentation from a worker regarding the amount of time they need off and the nature of treatment or medical issue. If an employer refuses to allow an employee get back to work, he or she is liable under the law. Employees who experience violations of their right to FMLA leave may have grounds to pursue legal recourse.

The ability to take family or medical leave when necessary is an important right. Florida workers who need help defending their rights may want to speak with an experienced employment law attorney regarding the legal options available to them. Through a civil claim, it may be possible to hold an employer accountable for violating federal laws.

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