Family Medical Leave Act in Florida

Family medical leave actEmployees and even some Florida employers are unaware of  the specific benefits of The Family Medical Leave Act. The Family Medical Leave Act of 1993 is available to qualified employees.

FMLA leave is available if an employee needs time off to:

  • Recuperate from a serious health condition
  • Care for a family member with a serious health condition
  • Care for the birth of a son or daughter, and to care for the newborn child
  • For the placement with the employee of a child for adoption or foster care, and to care for the newly placed child
  • To care for an immediate family member (spouse, child, or parent — but not a parent “in-law”) with a serious health condition; and  when the employee is unable to work because of a serious health condition.
  • Handle qualifying exigencies arising out of a family member’s military service, or
  • Care for a family member     who suffered a serious injury during active duty in the military
  • For matters relating to domestic violence cases in Florida.

You must meet specific qualifications and guidelines to take FMLA leave.  Florida employers with 50 employees who you have worked for at least 20 weeks in the current or previous year must provide you with leave according to the Family Medical Leave Act.

How Much Leave Can You Take?

  • Florida employees may take up to 12 weeks of leave in a 12-month period. (Available every 12 months per employee eligibility
  • Employees who need military caregiver leave may take up to 26 weeks of leave in a single 12-month period.

For What Additional Reasons Can an Employee in Florida Take Leave Under the FMLA of 1993?

A qualifying employee can take leave for serious health conditions, to bond with a new child, or other qualifying reasons, but also including leave to handle matters related to domestic violence such as seeking injunctions, seeking medical care, relocating or to seek legal assistance. Please contact our law office for specific details about taking family medical leave if you are unsure.

Military Family Leave is a per-injury or per-service member entitlement. Unless the same family member is injured twice, or another family member is injured while on active duty, an employee may not take an additional leave for this purpose.

Should Employees be Paid While on Leave?

  • Employees may be allowed or in some circumstances required to use any accrued paid leave during their FMLA leave.
    The Family Medical Leave Act is otherwise unpaid.

There are many specifics in the Family Medical Leave Act that only a knowledgeable Tampa Labor and Employment Lawyer can decipher. For instance, did you know that workers not yet eligible for FMLA are protected from interference and retaliation under certain circumstances under this law? If you think you have been treated unfairly or if you have questions about whether you can qualify for family leave, contact Lubliner Law for information and a consultation. Know your rights under the FMLA in Florida.