What is the FMLA? 

The Family and Medical Leave Act (FMLA) is a federal labor law enacted in 1993, designed to help eligible employees balance their work responsibilities with family needs and medical conditions. Eligible employees have the right to take up to 12 weeks of unpaid leave for qualifying family and medical reasons. During this leave, their group health benefits must continue under the same conditions as if they were actively working. The FMLA allows this leave to be either unpaid or used concurrently with any paid leave provided by the employer, workers’ compensation benefits, or disability benefits.  The FMLA guarantees that eligible employees can return to their original position or an equivalent role after their leave and protects them from any employer retaliation for taking FMLA leave.

In situations where a qualified employee needs to care for a covered servicemember or veteran with a severe injury or illness, and the employee is the spouse, son, daughter, parent, or next of kin of the servicemember, they are entitled to take up to 26 workweeks of leave during a single 12-month period. For additional information specific to servicemembers review the Department of Labor’s factsheets available here and here.  

In Miami, Florida, employees facing FMLA-related issues can seek legal assistance from Cantrell Schuette, P.A.’s experienced employment attorneys specializing in FMLA matters. Contact us for a free consultation at (305) 684-8004 or coordinator@caklegal.com.

How does the FMLA protect me? 

If you encounter a health condition that prevents you from working, whether it’s due to your own serious health issue or caring for a family member facing a similar situation, you have the option of taking up to 12 weeks of job-protected leave under the Family and Medical Leave Act (FMLA).

During your FMLA leave, your employer is required to maintain your health insurance coverage as if you were still actively working, though you may need to continue making regular employee contributions. The primary goal of this job protection is to alleviate the stress that often arises when individuals are forced to choose between work and family during a critical medical circumstance.

Taking FMLA leave cannot be held against you in employment matters like hiring, promotions, or discipline. You can use this leave in different ways: you may take it as a continuous period (e.g., three weeks for surgery and recovery) or divide it into smaller blocks if necessary due to medical reasons (e.g., intermittent absences related to diabetes). Additionally, if medically required, you can opt for a part-time leave arrangement (e.g., working four hours a day or three days a week after surgery).

When planning medical treatments, such as physical therapy appointments, it’s encouraged to schedule them at times that cause minimal disruption to your employer.

It’s important to note that FMLA leave is unpaid. However, if you have accrued sick time, vacation time, personal days, etc., with your employer, you can utilize that leave in conjunction with your FMLA leave to continue receiving payment during your time off. Using paid leave during FMLA leave is subject to your employer’s standard leave policies, such as submitting a leave request or providing advance notice. Your employer can even require you to use your accrued paid leave during FMLA leave. For instance, if you have two weeks of paid vacation saved up and take one week off for surgery under FMLA, your employer can require you to use one week of vacation for that period. Regardless of whether you use paid leave or not, your FMLA-protected leave remains secure.

If you encounter any issues related to FMLA leave in Miami, seeking assistance from the experienced employment attorneys of Cantrell Schuette, P.A. We can help ensure that your rights are protected and that you receive the support you need during challenging times. For a free consultation with Cantrell Schuette, P.A. regarding your FMLA concerns or any other employment law matters, reach us at (305)684-8004 or coordinator@caklegal.com

What situations does the FMLA protect? 

The Family and Medical Leave Act (FMLA) is a federal law that applies throughout the United States, including Miami, Florida. It provides eligible employees with job-protected unpaid leave for certain qualifying situations. The FMLA protects eligible employees in Miami, Florida, in the following situations:

1. Serious Health Condition: Employees can take FMLA leave to attend to their own serious health condition that makes them unable to perform their job functions. This can include illnesses, injuries, or chronic health conditions.
2. Family Member’s Serious Health Condition: The FMLA also allows eligible employees to take leave to care for a spouse, child, or parent with a serious health condition.
3. Birth and Care of a Newborn: New parents, including fathers, are eligible for FMLA leave to bond with their newborn child, and to care for the child’s medical needs.
4. Adoption or Foster Care Placement: FMLA provides eligible employees time off to bond with a newly adopted or foster care-placed child.
5. Qualifying Exigency: Eligible employees with family members (spouse, child, or parent) who are members of the Armed Forces, including the National Guard and Reserves, can take FMLA leave for certain “qualifying exigencies.” These exigencies involve specific events related to military deployment, military leave, or short-notice deployment.
6. Military Caregiver Leave: FMLA allows eligible employees to take leave to care for a family member who is a current servicemember with a serious injury or illness. This type of leave is known as military caregiver leave.

If you believe you have a situation that qualifies for FMLA protection, it is essential to check with your employer’s HR department or consult legal counsel to understand your rights and the specific provisions that apply to your situation in Miami, Florida. Seeking professional assistance from the seasoned attorneys at Cantrell Schuette, P.A. means gaining access to a dedicated team ready to assist you in comprehending your rights, compiling evidence, and taking legal measures when required. Reach out to us today for a complimentary initial consultation via (305) 684-8004 or coordinator@caklegal.com.

Are you covered by the FMLA? 

The Family and Medical Leave Act (FMLA) grants eligible employees working for covered employers the right to take job-protected leave for qualifying family and medical reasons.  

To qualify for FMLA benefits, employees must meet the following criteria:

1. Worked for a covered employer for a minimum of 12 months.
2. Accumulated at least 1,250 hours of service with the employer during the 12 months preceding the start of their FMLA leave.
3. Be employed at a location where the employer has at least 50 employees within a 75-mile radius.

Employers in Miami are considered a “covered employer” under the FMLA if they are: 

1. Private-sector employers with a workforce of 50 or more employees, measured in either the current calendar year or the previous calendar year, over a span of 20 or more workweeks.
2. Public agencies, including Federal, State, and local government employers, regardless of the number of employees they have.
3. Local educational agencies, comprising public school boards, public elementary and secondary schools, and private elementary and secondary schools, regardless of their employee count.

If you work for Miami International Airport be aware of the unique eligibility criteria applicable to airline flight attendants and flight crew members, owing to their non-traditional work schedules. For airline flight attendants and flight crew members to meet the hours of work requirement, they must either work or be paid for a minimum of 60% of their applicable monthly guarantee and complete at least 504 hours within the 12 months prior to their request for leave. Hours spent on personal commutes, vacations, medical, or sick leave should not be considered in these calculations.

For professional consultation with an employment attorney possessing extensive expertise in FMLA and related leave laws, reach out to us now at (305) 684-8004 or email coordinator@caklegal.com.

Who is considered “family” under the FMLA? 

You are eligible to take FMLA leave for the purpose of welcoming and bonding with a newborn child, or for the placement of a child through adoption or foster care. Both men and women have equal rights to take FMLA leave for bonding with their child. This leave must be taken within one year of the child’s birth or placement and should generally be taken continuously, unless the employer agrees to allow intermittent leave, such as a part-time schedule.

Parent

The term ‘parent’ encompasses biological, adoptive, step, or foster fathers and mothers, as well as individuals who acted as a parent to the employee when they were a child (‘in loco parentis’). However, ‘parent’ does not include parents-in-law.

Son or Daughter 

For FMLA purposes, a ‘son or daughter’ refers to a biological, adopted, or foster child, stepchild, legal ward, or a child of someone who stood in loco parentis to the employee. The child must be either under 18 years of age or over 18 and unable to care for themselves due to a mental or physical disability at the time the FMLA leave begins.

Spouse

The definition of ‘spouse’ includes a husband or wife, as legally defined or recognized in the state where the marriage took place. This also extends to individuals in common law marriages or same-sex marriages.

In Loco Parentis 

A person stands in loco parentis if they provide day-to-day care or financial support for a child, even if there is no biological or legal relationship. In such cases, employees who stand in loco parentis to a child are entitled to FMLA leave. For example, an uncle caring for his sister’s children while she serves on active military duty or a person co-parenting a child with their same-sex partner would be eligible for FMLA leave. Additionally, an eligible employee can take FMLA leave to care for a person who stood in loco parentis to them when they were a child. 

For expert advice on the FMLA and related leave laws, get in touch with our experienced Miami employment attorneys now at (305) 684-8004 or coordinator@caklegal.com.

How do I use FMLA leave? 

To take FMLA leave, you must notify your employer appropriately. If you know in advance that you’ll need FMLA leave, inform your employer at least 30 days beforehand. If the need arises suddenly, notify them as soon as possible, preferably on the same day or the next workday. If it’s an emergency and you can’t follow regular notice procedures, let them know as soon as you can.

You don’t have to explicitly mention FMLA during your initial request but provide enough information to indicate that your leave might be covered. To protect your leave under FMLA, provide information showing that your absence is due to an FMLA-protected condition without revealing the specific diagnosis. Failing to provide enough information may result in your leave not being protected.

The FMLA offers crucial safeguards to eligible employees residing in Miami, Florida, who require leave for qualifying family or medical purposes. If you confront any challenges concerning FMLA, enlisting the aid of the seasoned employment attorneys at Cantrell Schuette, P.A. can ensure the protection of your rights and the necessary support during difficult times. To arrange a complimentary consultation with Cantrell Schuette, P.A. regarding your FMLA inquiries or any other matters pertaining to employment law, you can reach us at (305) 684-8004 or coordinator@caklegal.com.

What laws protect work leave besides the FMLA? 

Although the FMLA offers the most comprehensive leave protections, there are certain instances in which Florida law safeguards employees in Miami. One such example is found in section 104.081 of the Florida Statutes, which ensures that an employee cannot be fired for either voting or choosing not to vote. Additionally, Florida Statute § 40.271 prohibits employers from terminating an employee based on their service as a juror.

Miami employers must also adhere to Florida’s Domestic Violence Leave Law, which necessitates providing up to 3 days of leave to employees within a twelve-month period if they or a family or household member have experienced domestic violence. This leave must be granted for specific purposes, including seeking injunctions, obtaining medical or mental health counseling, accessing services from victim organizations, securing the employee’s home from the perpetrator, or addressing legal matters related to domestic violence. It’s important to note that this law is applicable only to employers with 50 or more employees and employees who have worked for the employer for at least 3 months.

For personalized advice concerning your situation, it is crucial to consult an employment attorney with expertise in this area. At Cantrell Schuette, P.A., our proficient attorneys specialize in handling employment leave cases and are prepared to provide assistance. To arrange an obligation-free initial consultation, reach out to us at (305) 684-8004 or coordinator@caklegal.com.

Why us?

Our team of Miami employment lawyers specializes in guiding clients through the complexities of the Family Medical Leave Act (FMLA) and related laws. Our expertise extends beyond just the FMLA itself, as we stay up-to-date with state-specific leave laws, covering both family and individual medical circumstances. With this comprehensive knowledge, our attorneys skillfully navigate legal matters pertaining to both the FMLA and state-specific leave laws, providing valuable guidance and effective resolution.

At Cantrell Schuette, P.A., our labor and employment lawyers are highly esteemed in their field. With an “AV” peer-reviewed rating from Martindale Hubbell, inclusion in the prestigious “Super Lawyers” publication, and the distinguished “Best Lawyers” status—rarely achieved by more than 6% of practicing attorneys nationwide—our attorneys boast exceptional credentials. Graduating at the top of their law school classes, attending reputable law schools, and serving as clerks for U.S. Federal Courts, they are equipped to handle the most complex FMLA disputes. 

Recognizing that litigation may not always be the optimal approach, our attorneys also advise alternative dispute resolution methods like mediation and informal negotiations, which not only can lead to successful resolutions but also ensure confidentiality for all parties involved. However, when litigation becomes necessary, few firms can match the qualifications and prowess of our employment attorneys in seeking justice for FMLA violations and related employment laws.

If you believe your FMLA rights have been violated, our attorneys can help you navigate the process of filing complaints with the DOL. We will ensure that all necessary documentation is submitted and that your case is appropriately represented. If the complaint process or informal resolution methods are insufficient, Cantrell Schuette, P.A. is fully equipped to handle FMLA-related lawsuits. Our skilled litigators will vigorously advocate for your rights and seek fair compensation for any damages you may have suffered. 

For a free consultation with Cantrell Schuette, P.A. concerning your FMLA inquiries or any other employment law matters, feel free to contact us at (305) 684-8004 or reach out via email at coordinator@caklegal.com.