Florida workers are entitled to time away from work when they are dealing with a medical need or family matters. The Family and Medical Leave Act is a federal law that requires certain employers to allow employees to take up to 12 weeks off for specific family and medical reasons. They are not required to pay workers during the time off, but they are supposed to hold the job for the employee. One school system employee in another state claims she experienced FMLA discrimination after taking rightful time off for a legitimate reason.
In 2018, the employee asked for FMLA leave in order to deal with a variety of medical concerns she was dealing with, including pinched nerve, fibromyalgia and spinal stenosis. Well into her leave, the school system informed her that it did not plan on renewing her contract and she did not have to plan on returning. The plaintiff was not given any reasons for her termination at the time she received this information.
The plaintiff has filed a complaint with the U.S. Equal Employment Opportunity Commission. The investigation from the EEOC was not conclusive regarding whether the school system violated any employment laws by termination the plaintiff. After this, she moved forward with a lawsuit through which she is seeking damages.
FMLA discrimination is against the law, and employers can face serious consequences for violating this federal act. When a Florida employee is terminated after taking FMLA leave, it could be grounds for a civil claim against the employer. Seeking legal counsel is a beneficial step for those who believe they may have a valid case.