The Family and Medical Leave Act (FMLA) is a federal law that protects an employee's job while they are on medical leave. It allows employees to take up to 12 weeks of unpaid leave in a 12-month period for specific medical reasons, including the birth or adoption of a child, caring for a family member with a serious health condition, or their own serious health condition.

 

In Miami, Florida, the FMLA also applies to state and local government employees and certain private-sector employers who meet the requirements. However, not all employers are covered by the FMLA. Small businesses with fewer than 50 employees within a 75-mile radius may be exempt from providing FMLA leave.

 

Nolan Klein is an experienced family and medical leave act lawyer in Miami and is ready to assist you if you believe your rights under the FMLA have been violated. Call +1 877.253.5406 or fill out our contact form to schedule a consultation.

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Why Work with a Miami FMLA Attorney?

 

While the FMLA is in place to protect employees, not all employers abide by its regulations. Some may try to terminate an employee on medical leave or deny their request for leave altogether. As an FMLA lawyer in Miami, Nolan Klein can assist with all aspects of the FMLA, including:

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• Determining if your employer is covered by the FMLA

• Explaining your rights and eligibility for leave

• Assisting with filing a claim or complaint against your employer

• Negotiating with your employer for fair compensation or reinstatement

• Filing a family medical leave lawsuit and representing you in court if necessary

 

Miami FMLA lawyer Nolan Klein understands how stressful it can be to deal with a violation of your FMLA rights while also trying to manage a medical condition. He is dedicated to providing compassionate and effective legal representation for his clients.

 

Types Of Family and Medical Leave Act Lawsuits in Miami, Florida

 

FMLA violations can take many forms, including:

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• Failure to provide proper notice of rights: Employers are required to provide eligible employees with general information about the FMLA and their individual rights within 5 business days of when the employee requests leave.

• Retaliation or discrimination: Employers cannot fire, demote, or discriminate against an employee for taking FMLA leave.

• Interference with leave: Employers cannot interfere with an employee's right to take FMLA leave by denying a request, discouraging them from taking leave, or manipulating schedules to make it difficult for the employee to take leave.

• Denying reinstatement: Eligible employees have the right to return to their same or an equivalent position after taking FMLA leave. If an employer refuses to reinstate an employee, they may be violating the law.

 

If you believe your rights under the FMLA have been violated, Miami family leave lawyer Nolan Klein can help. He has successfully represented clients in a variety of FMLA lawsuits, including those involving:

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• Disability discrimination: If you were fired or demoted after taking FMLA leave for a disability, your employer may be guilty of disability discrimination.

• Pregnancy discrimination: Employers cannot discriminate against employees who need to take time off due to pregnancy-related medical conditions.

• Military family leave: Eligible employees have the right to take up to 26 weeks of unpaid leave during a 12-month period to care for a family member who is an injured or ill service member.

 

Don't let your employer get away with violating your rights under the FMLA. Contact Miami employment lawyer Nolan Klein today for a consultation and learn more about how he can help protect your rights.

 

The Process of Filing an FMLA Lawsuit in Miami

 

If you believe your employer has violated your rights under the FMLA, you have the option to file a lawsuit. The process typically involves the following steps:

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1. Collect Evidence: Gather any documents or evidence that support your claim, such as emails, pay stubs, and medical records.

2. Consult with an Attorney: It is important to consult with an experienced Family and Medical Leave Act lawyer who can advise you on the best course of action and help you build a strong case.

3. File a Complaint: Your FMLA attorney in Miami will help you draft and file a complaint with the appropriate court in your area.

4. Discovery Phase: This is when both parties exchange relevant information and gather evidence through depositions, interrogatories, and requests for documents.

5. Settlement Negotiations: In some cases, your attorney may negotiate a settlement with your employer outside of court. This can often result in a quicker resolution and avoid the cost and time associated with going to trial.

6. Trial: If your case cannot be resolved through negotiation, it will go to trial where both parties will present their arguments and evidence before a judge or jury.

7. Verdict: The judge or jury will reach a decision based on the evidence presented and determine whether your employer violated your FMLA rights.

8. Appeals: If you are unhappy with the verdict on your Family and Medical Leave Act lawsuit, you have the option to appeal the decision.

 

Remember, filing an FMLA lawsuit can be a complex process, which is why it is important to have a knowledgeable and experienced Miami FMLA attorney by your side.

 

You may also file a complaint with the United States Department of Labor's Wage and Hour Division. This agency is responsible for enforcing the FMLA and investigating any complaints of violations. They can provide guidance on your rights under the law and assist in resolving disputes between employees and employers.

 

There are strict time limits for filing an FMLA lawsuit or complaint, so it is crucial to act quickly if you believe your rights have been violated.

 

Talk to Miami Family and Medical Leave Act Lawyer Nolan Klein

 

If you believe you're a victim of a Family and Medical Leave Act violation, now is the time to take action. Secure your consultation with a renowned Miami FMLA attorney Nolan Klein for swift and efficient representation. Let us help you navigate the complex legal process and hold your employer accountable for their actions.