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fmla discrimination Archives

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.

Court win for nurse who was denied promotion while on FMLA leave

Employers in Florida are not required to pay employees who take time off under the provisions of the Family and Medical Leave Act. However, the landmark 1993 law prohibits taking retaliatory action against them. When workers can establish that negative employment actions were connected in any way to FMLA leave, they may pursue civil remedies. A recent case involving these issues was recently decided in Michigan. It resulted in a nurse who had taken FMLA leave being awarded $30,513 in liquidated damages, back wages, interest and retirement contributions.

Determining retaliation after FMLA leave

If a Florida worker files a claim against an employer regarding retaliation for taking leave under the Family and Medical Leave Act, the court may look at remarks made by supervisors as well as the the timing of the leave and alleged retaliation. This was the case in the U.S. District Court for the Eastern District of New York on May 6 regarding a claim of FMLA-related retaliation. The court found that these factors made it an issue that could go to trial and denied the employer a summary judgment.

A brief look at the FMLA and ADA.

For Boca Raton, Florida workers, the Family Medical Leave Act (FMLA) can be a blessing when an extended medical condition prevents employment. Under the FMLA, a person is entitled to a maximum of 12 weeks of unpaid leave and cannot be terminated for taking the leave. Certain requirements must be met for this rule to kick in.

USPS employee alleges FMLA violation

Employees in Florida are guaranteed, at minimum, 12 weeks of unpaid leave under the Family Medical Leave Act, or FMLA. Employers can offer more protection for their employees, such as paid leave. A United States Postal Service employee has filed a lawsuit in Texas alleging that he was illegally fired after taking FMLA leave.

Employees on FMLA leave must be considered for promotion

Pennsylvania employees may be aware that they are likely entitled to leave under the Family and Medical Leave Act after they have been with their employer for a certain amount of time. Employers are not allowed to discourage workers from taking leave or retaliate against them for doing so.

FMLA guarantees maternity leave for dads, too

The Family Medical Leave Act, or FMLA, guarantees workers in all states the right to up to 12 weeks of unpaid medical leave for the birth of a child. State law can provide Florida workers with additional protections. FMLA leave is often focused on new mothers, but new dads are also allowed to take time off to care for a spouse who is incapacitated due to birth or pregnancy.

Wrongful termination in an FMLA case

The U.S. Court of Appeals for the 11th Circuit has reversed a lower court decision dismissing a case involving the Family and Medical Leave Act. The appellate court found that the reason for termination was not believable and that there were issues with the timing of the dismissal. Florida employers and employees alike may be interested in the scenario that led to this decision.

Employee's retaliation claim can continue, court rules

Florida employees may be interested to learn that the U.S. District Court for the Middle District of Pennsylvania ruled that an employee could continue his retaliation claim against his employer. The employee claimed that the company fired him for taking his leave under the Family and Medical Leave Act instead of inappropriately touching another co-worker as alleged by the company.

FMLA leave and 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.

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