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fmla discrimination Archives

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.

Man who was furloughed after asking for FMLA leave may sue

Eligible employees who work for Florida employers that are covered under the Family and Medical Leave Act may take approved leave in order to recover from a serious health issue or to care for a family member who is suffering from one. Employers are not allowed to retaliate against workers who request or take leave as demonstrated by a November ruling by a federal district court in Ohio.

Gender reassignment surgery and the FMLA

Some transgender peopleundergo gender reassignment surgery to complete their transition. Though this type of surgery requires hospitalization, it is unclear whether a transgender worker can take legally protected time off from work to undergo the procedure. Under the Family and Medical Leave Act, eligible employees in Florida and around the country can take 12 weeks of unpaid leave each year in order to address serious health conditions.

FMLA violation even though leave was granted

The Family and Medical Leave Act requires most employers in Florida and around the country to grant unpaid and job-protected leave to workers in certain situations, but companies may face sanctions for violating the 1993 law even when leave is granted. A federal appeals court ruled on June 28 that a bank worker's rights under the FMLA had been violated because a notice sent to him by his employer while he was taking covered leave did not mention that his job was protected.

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