Boca Raton Family Medical Leave Act (FMLA) Lawyer
As an employee in Boca Raton, you are entitled to certain rights under the Family and Medical Leave Act (FMLA). This federal law allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for specific family and medical reasons. While this may seem straightforward, many employers violate the FMLA by denying employee requests or retaliating against them for exercising their rights.
If you believe your employer has violated your rights under the FMLA, Boca Raton FMLA attorney Nolan Klein can help. Nolan brings over 15 years of experience in employment law to his clients, and he is dedicated to protecting the rights of employees who have been wronged by their employers.
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Call +1 877.253.5406 or complete our contact form to schedule a consultation with Boca Raton FMLA lawyer Nolan Klein today.
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Understanding the Family Medical Leave Act (FMLA)
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The FMLA was created to provide job protection and leave benefits to eligible employees who need to take time off for qualifying family and medical reasons. These reasons include the birth or adoption of a child, caring for a seriously ill family member, or managing their own serious health condition. The law applies to companies with 50 or more employees within a 75-mile radius and to all public agencies, regardless of size.
To be eligible for FMLA protection, an employee must have worked for their employer for at least 12 months and have completed at least 1,250 hours of service during the previous 12-month period. Additionally, employees must work at a location where there are at least 50 employees within a 75-mile radius.
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FMLA Protections
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While taking leave under the FMLA, eligible employees are entitled to keep their job or an equivalent position upon returning from leave. Employers must also maintain employee health benefits and provide any necessary accommodations for employees with disabilities.
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In addition, employers cannot retaliate against employees for exercising their rights under the FMLA. This includes denying promotions, demoting, or terminating an employee for taking leave or filing a complaint. If an employee feels that their rights have been violated, they can file a complaint with the U.S. Department of Labor or seek legal assistance from an FMLA lawyer.
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How to Request FMLA Leave
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Employees are required to provide their employer with at least 30 days' notice when requesting FMLA leave for a foreseeable event, such as the birth of a child or planned medical treatment. If the need for leave is not foreseeable, employees must give notice as soon as possible.
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Employers may also require employees to submit a certification from their healthcare provider stating the need for leave and the expected duration. If an employee takes leave without giving proper notice or fails to provide the required documentation, their employer may deny their request for FMLA protection.
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Intermittent and Reduced Schedule Leave
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In some cases, employees may only need intermittent or reduced schedule leave under the FMLA. This can include taking time off for doctor's appointments or caring for a family member with a serious health condition. Employers are required to accommodate these types of leave as long as it does not create an undue hardship on their business operations.
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It is important for employees to communicate with their employer and provide proper documentation when requesting intermittent or reduced scheduled leave. This can help ensure that their rights under the FMLA are protected and their job is secure upon their return to work.
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Filing an FMLA Complaint in Boca Raton
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If an employee believes that their rights under the FMLA have been violated, they can file a complaint with the Wage and Hour Division of the U.S. Department of Labor. This must be done within two years from the date of the alleged violation.
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The WHD will then investigate the complaint and determine if any violations have occurred. If so, they may work with the employer to come to a resolution or take legal action if necessary. It is important for employees to know their rights and not be afraid to speak up if they believe they have been denied FMLA protections.
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Family and Medical Leave Act Lawsuits
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Unfortunately, there are cases where an employer may deny an employee's request for FMLA leave or retaliate against them for taking protected leave. In these situations, the employee may choose to file a lawsuit against their employer.
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If an employee decides to pursue legal action, they should seek the assistance of an experienced family medical leave lawyer in Boca Raton. They can help guide the employee through the legal process and advocate for their rights.
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In these types of lawsuits, employees may be entitled to damages such as lost wages, reinstatement to their jobs if they were wrongfully terminated, and compensation for emotional distress. An experienced Boca Raton FMLA lawyer will fight for fair and just compensation for their clients who have been denied their rightful FMLA protections.
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How a Boca Raton FMLA Lawyer Can Help
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Our Boca Raton FMLA lawyers are committed to providing comprehensive legal services to employees who believe their Family Medical Leave Act (FMLA) rights have been violated.
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Case Evaluation
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The first step in our process is a thorough case evaluation. An experienced Boca Raton FMLA attorney will review the details of your situation to determine whether an employer may have violated your rights under the FMLA. This could involve an unlawful denial of leave, an unwarranted job termination, or inadequate job reinstatement after leave.
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Legal Representation
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After the initial case evaluation, our FMLA lawyer in Boca Raton will provide you with comprehensive legal representation. This includes interpreting the complex legal terms of the Family and Medical Leave Act, advocating for your rights, and guiding you through the daunting legal processes. Our primary goal is to ensure that your family leave rights are protected and respected.
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Claim Dispute and Resolution
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Sometimes, disputes may arise regarding the validity of an FMLA claim. When such disputes occur, our family medical leave lawyer stands ready to argue on your behalf. We have extensive experience in handling Family and Medical Leave Act lawsuits, and we will work tirelessly to resolve any conflicts in a manner that serves your best interests.
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Talk to a Top-Rated Family and Medical Leave Act Lawyer in Boca Raton
Boca Raton FMLA attorney Nolan Klein has a proven track record of successfully fighting for employee rights. He is passionate about helping individuals who have been wronged by their employers, and he will work tirelessly to ensure that your FMLA rights are upheld. Contact us today to schedule a consultation and learn more about how we can help protect your FMLA rights.
