In Fort Lauderdale, Florida, working individuals are entitled to unpaid leave from their jobs for specific family and medical reasons as per the Family and Medical Leave Act (FMLA). This act provides job protection and continuation of health insurance coverage during the leave period. However, employers may sometimes violate employees' rights under this act by denying or interfering with their right to take FMLA leave. In such cases, it is crucial to seek legal help from a qualified FMLA attorney.

​

Fort Lauderdale family and medical leave lawyer Nolan Klein has been defending the rights of employees in FMLA-related cases for over 15 years. Nolan's expertise spans a wide range of family leave and medical issues that fall under the FMLA, including pregnancy-related medical conditions, caring for a newborn or newly adopted child, caring for an immediate family member with a serious health condition, and dealing with one's own serious health condition.

​

Call +1 877.253.5406 or fill out our online contact form for a consultation.

​

Understanding the Family and Medical Leave Act (FMLA)

​

The FMLA was enacted in 1993 by the US Department of Labor, primarily to provide job security and benefits continuation for eligible employees who need to take time off work due to various personal or family reasons. According to the act, eligible employees are entitled to up to 12 workweeks of unpaid leave in a 12-month period for specific reasons, including:

​

• The birth and care of a newborn child

• Adoption or foster care placement of a child

• Caring for an immediate family member with a serious health condition

• Dealing with one's own serious health condition

• Any qualifying exigency arising out of the fact that a family member is on active duty or called to covered active duty in the Armed Forces.

 

In addition, under the FMLA, eligible employees may also be entitled to up to 26 workweeks of unpaid leave during a single 12-month period to care for a covered service member with a serious injury or illness.

 

FMLA Violations and Employee Rights

 

Despite its crucial role in protecting employees' rights, FMLA violations can still occur. Some common examples include:

​

• Refusing to grant an employee's request for FMLA leave without proper justification

• Demanding excessive documentation for taking leave

• Making threats or negative comments about an employee taking FMLA leave

• Denying job protection or retaliating against an employee for taking FMLA leave

• Failing to reinstate the employee to their previous position or an equivalent upon return from FMLA leave without a valid reason

 

In case of any violation, employees have the right to file a complaint with the US Department of Labor's Wage and Hour Division. Employers found guilty of violating the FMLA may be subject to penalties, such as fines or payment of damages.

 

Navigating the FMLA Process

​

If you need to take time off work under the FMLA, it is important to follow proper procedures and provide the necessary documentation. This includes submitting a written request for leave at least 30 days in advance if possible, notifying your employer as soon as possible in case of unexpected circumstances, and providing appropriate medical certification for leave taken due to a serious health condition.

 

The Process of Filing an FMLA Complaint in Lauderdale

 

In Fort Lauderdale, employees have the option to file a complaint with the Florida Commission on Human Relations (FCHR) or with the federal Equal Employment Opportunity Commission (EEOC). The FCHR investigates complaints of discrimination based on family and medical leave, while the EEOC handles claims related to employer retaliation for taking FMLA leave. Both agencies have specific guidelines and time frames for filing a complaint, so it is important to consult with an experienced employment attorney.

 

If a resolution cannot be reached through the FCHR or EEOC process, employees also have the option to file a lawsuit in federal court. In this case, the burden of proof is on the employee to show that their rights under the FMLA were violated and that they suffered harm as a result.

 

Filing a Family and Medical Leave Act lawsuit in Fort Lauderdale

 

To initiate a Family and Medical Leave Act lawsuit in Fort Lauderdale, it's advisable to first consult a seasoned employment attorney. They can assess the facts of your case and guide you through the complex litigation process. The attorney will help you gather necessary evidence, file the complaint in the appropriate court, and represent you in all court proceedings. Your case will need to clearly demonstrate that your FMLA rights were violated and show the damages you suffered as a result.

 

In court, the outcome of the lawsuit often depends on the strength of your case and the quality of your representation. If you're successful, you may recover lost wages, compensation for any actual monetary losses, job reinstatement, and in some cases, even punitive damages. However, this is often a lengthy and costly process, and the final decision rests with the court. Therefore, it's crucial to thoroughly consider all your options and potential outcomes before pursuing a lawsuit.

 

How a Fort Lauderdale FMLA Attorney Can Help

 

If you believe your rights under the FMLA have been violated, it is crucial to seek legal representation from a knowledgeable and experienced attorney. A Fort Lauderdale FMLA attorney can help by:

​

• Reviewing your case and determining if you have a valid claim for FMLA violation

• Gathering evidence and documentation to support your claim

• Negotiating with your employer or their legal counsel on your behalf

• Representing you in court, if necessary, to seek justice and compensation for any damages caused by the violation

• Providing guidance and support throughout the FMLA process to ensure your rights are protected

 

Most importantly, your Fort Lauderdale Family and Medical Leave Act lawyer will fight for your rights and help hold employers accountable for any violations. With their expertise in employment law, they can navigate the complex FMLA process and advocate for your best interests.

 

Facing an FMLA Violation? Talk to Fort Lauderdale FMLA lawyer Nolan Klein

Don't let your employer's Family and Medical Leave Act violation go unanswered. Fort Lauderdale FMLA attorney Nolan Klein is ready to fight for your rights, whether you intend to file a Family and Medical Leave Act lawsuit or simply need guidance on how to handle the situation. Call +1 877.253.5406 or complete the online form to schedule a consultation.