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fmla discrimination Archives

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.

How Florida companies stay in compliance with the DOL

The Department of Labor has created a new FMLA notice that employers must hang in plain sight of employees. Employers with posters that contain the same information as the new document can continue to use the ones they already have. This poster must be displayed for workers and applicants even if none of them are currently eligible to receive any leave through FMLA.

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