The Family Medical Leave Act (FMLA) is a federal law that provides certain employees with up to 12 weeks of unpaid but job-protected leave per year, during which group health benefits must be maintained. Unfortunately, employer retaliation against employees who take advantage of FMLA is a common occurrence in the work place.
If you have been a victim of FMLA retaliation, contact Florin Gray Bouzas Owens, LLC. Our Tampa employment law attorney can advise you on how to proceed and help ensure your rights are protected.
The Family and Medical Leave Act (FMLA) is a federal law that provides leave and job protection to employees that are qualified under the law. In order to be qualified for FMLA leave, an employee must:
It is an unlawful employment practice for an employer to interfere with an employee’s FMLA rights. There are multiple ways in which an employer can interfere with an employee’s FMLA rights and numerous federal regulations that outline protections that many workers are unaware exist.
It is also illegal for an employer to retaliate against an employee for exercising their rights under the FMLA. Retaliation can take many forms, including: termination, demotion, reduction in hours and pay and other actions by an employer that could dissuade its employees from exercising their rights under the FMLA.
Employers are prohibited under FMLA from interfering with, denying, or restraining an employee from exercising his or her FMLA rights and from terminating an employee in retaliation for taking FMLA leave or exercising FMLA rights.
To prove FMLA retaliation in Florida, an employee must show that:
A statute of limitations is a time limit imposed by law. As stated by the U.S. Department of Labor (DOL), the statute of limitations for a civil action under FMLA is two years after the last action the employee believes was in violation of FMLA, or three years if the violation was willful. The court will rule whether the violation occurred and whether it was willful.
If you win a lawsuit for FMLA retaliation, you will be entitled to receive money damages for losses and injures resulting from the wrongful actions of your employer. These damages may include:
Our employment lawyers are passionate advocates for our clients, taking a hands-on approach to ensure they receive the representation they deserve. We have more than 100 years of experience representing clients in all matters of employment law. We offer a free initial consultation to determine whether you have a case before proceeding.
When you return from FMLA leave, you are entitled to pay and benefits equal to what you had before you took leave. And although retaliation from employers is typically illegal, it can often be hard to argue your case without the help of experienced employment law attorneys. At Florin Gray Bouzas Owens, LLC, we can evaluate your circumstances to determine whether your employer has violated FMLA provisions and take the necessary steps to protect your rights.
Employees have rights under FMLA. Contact our Tampa Bay employment lawyers at Florin Gray Bouzas Owens, LLC if you believe your rights have been violated.