Steps to Take for FMLA Leave in Florida
Under the federal Family and Medical Leave Act (FMLA), you may be entitled to up to 12 workweeks of unpaid, job-protected leave for a variety of family or medical reasons. Although FMLA leave is unpaid, it importantly allows employees to take time away from their jobs without having to worry that their positions will still be there for them when they return from work. If you want to take FMLA leave, what steps do you need to take? Our Palm Beach Gardens FMLA attorneys can explain the steps for taking FMLA leave in more detail.
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Determine Your Eligibility for FMLA Leave
The first step in taking FMLA leave is determining whether you are eligible for this type of leave. There are several parts of this process:
- First, determine if you work for a covered employer (covered employers include all public employers, as well as private employers that employ 50 or more employees);
- Next, determine if your work record makes you eligible (you must have worked for your employer for at least 12 months, and for at least 1,250 hours over the last 12-month period); and
- Third, determine if your reason for FMLA leave qualifies (FMLA leave can be taken to care for a spouse, child, or parent with a serious health condition, for your own serious health condition, for the birth or adoption or foster placement of a child, or for an exigency arising out of an active-duty military service).
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Give Notice of FMLA Leave to Your Employer in a Timely Manner
If you are eligible for FMLA leave and you know that you plan to take leave in advance, you must request leave in a timely manner by providing your employer with notice. According to the US Department of Labor, if your leave is foreseeable and you know about your need to request FMLA leave in advance, then you must give your employer 30 days advance notice. If 30 days advance notice is not possible or practical, such as in an emergency medical situation, then you must provide notice “as soon as possible and practical.”
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Provide Any Requested Documentation
Your employer may require certification of a serious health condition from a health care provider if that is the reason for your FMLA leave. Federal law requires your employer to give you at least 15 days to obtain any required medical certification.
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Know Your Rights While On FMLA Leave and Upon Return
Finally, take your FMLA leave and know your rights during your leave period and upon return. Your employer cannot take any adverse action against you in response to your FMLA leave, and you have a right to return to the same job or a nearly identical job.
Contact a Palm Beach Gardens FMLA Lawyer
Do you need assistance determining your eligibility for FMLA leave in South Florida or requesting it? Or has your employer denied you FMLA leave or retaliated against you in response to exercising your rights under the FMLA? One of the experienced Palm Beach Gardens FMLA lawyers at Sconzo Law Office can speak with you today about your situation and can answer any questions you have. Contact us today to discuss any FMLA issue and to discuss the possibility of filing a claim.
Sources:
dol.gov/agencies/whd/fmla
dol.gov/agencies/whd/fmla/faq
