What family or medical situations does the FMLA protect? 

The FMLA is a federal labor law that allows eligible employees to take up to 12 weeks of unpaid leave within a 12-month period for specific reasons, including:

1. The arrival of a newborn child, allowing the parent to create a bond with the baby. More information about FMLA leave for childbirth and bonding is available here. 
2. Adoption or foster care placement of a child, providing the employee an opportunity to bond with the new addition to their family.
3. Caring for an immediate family member (spouse, child, or parent) who is facing a “serious health condition.”
4. Taking medical leave when the employee is personally dealing with a “serious health condition,” rendering them unable to work.
5. Addressing qualifying exigencies that arise due to the employee’s spouse, child, or parent being on covered active duty or called to covered active duty as a member of the National Guard, Reserves, or Regular Armed Forces.

To speak with an employment attorney with substantial experience in FMLA and related leave laws, contact us today at (813) 705-6275 or coordinator@caklegal.com.

Does the FMLA apply to all employers?

No. Compliance with the FMLA is mandatory only for covered employers. The term “covered employer” under the FMLA consists of:

1. Private-sector employers with a workforce of 50 or more employees for at least 20 workweeks in either the current calendar year or the preceding calendar year.
2. Public agencies, which includes Federal, State, and local government employers, irrespective of the number of employees they have.
3. Local educational agencies, comprising public school boards, public elementary and secondary schools, as well as private elementary and secondary schools, regardless of their employee count.

At Cantrell Schuette, P.A., our skilled attorneys are experts in managing employment leave cases and are fully ready to offer their assistance. To schedule a complimentary initial consultation with no obligations, please don’t hesitate to contact us at (813) 705-6275 or email us at coordinator@caklegal.com.

Do all employees qualify for FMLA protections? 

Unfortunately, no. Even if you work for a covered employer, you may not be eligible for FMLA protections. In order to qualify for leave under the Family and Medical Leave Act (FMLA), an employee typically needs to meet the following criteria (in addition to working for a covered employer):

1. Have completed 1,250 hours of work within the 12 months leading up to the commencement of the leave.
2. Be based at a workplace where the employer has a workforce of 50 or more employees within a 75-mile radius.
3. Have completed a minimum of 12 months of employment with the current employer.

Employees of Tampa International Airport should know that there are special eligibility criteria for airline flight attendants and flight crew members since they normally have non-traditional work schedules. Airline flight attendants and flight crew members meet the hours of work requirement if they work or are paid for at least 60% of their applicable monthly guarantee and completing a minimum of 504 hours within the 12 months preceding their need for leave. Hours spent on personal commute, vacation, medical, or sick leave cannot be included in these calculations.

If you are unsure whether you qualify for FMLA protections, our Tampa employment attorneys can help. Please reach out to us today at (813) 705-6275 or coordinator@caklegal.com.  

Are there any Florida laws protecting employee leave? 

While the FMLA provides the most extensive leave protections, Florida law does protect employees in a few specific situations. For example, section 104.081 of the Florida Statutes mandates that Tampa employers cannot fire an employee for voting (or not voting). Similarly, an employee may not be terminated by their employer because the employee served on a jury. Fla. Stat. § 40.271. 

Under Florida’s Domestic Violence Leave Law, Tampa employers are required to grant employees up to 3 days of leave within a twelve-month period if the employee or a family or household member has experienced domestic violence. The leave must be provided for the following specific purposes:

1. Seeking an injunction for protection against domestic violence, repeat violence, dating violence, or sexual violence.
2. Obtaining medical care or mental health counseling, or both, for the employee or a family or household member to address injuries resulting from domestic violence.
3. Receiving services from victims’ services organizations, such as a domestic violence shelter or rape crisis center.
4. Making the employee’s home secure from the perpetrator of domestic violence or finding a new home to escape the abuser.
5. Seeking legal assistance to address issues arising from domestic violence or attending or preparing for court-related proceedings arising from the act of domestic violence.

Importantly, the law only “applies to an employer who employs 50 or more employees and to an employee who has been employed by the employer for 3 or more months.”

For tailored guidance relevant to your unique circumstances, it is crucial to seek counsel from an employment attorney with expertise in this field. At Cantrell Schuette, P.A., our proficient attorneys, well-versed in handling employment leave cases, are ready to assist you. Reach out to us now for an obligation-free initial consultation at (813) 705-6275 or coordinator@caklegal.com. 

How is the FMLA enforced in Tampa, Florida? 

In Tampa, the FMLA is primarily enforced by the U.S. Department of Labor’s Wage and Hour Division (WHD). The WHD is responsible for ensuring that employers comply with the provisions of the FMLA, and they investigate complaints and allegations of violations filed by employees.

If you believe that your rights under the FMLA have been violated in Tampa, you can file a complaint with the WHD’s Tampa District Office. They will investigate the matter and take appropriate action if a violation is found. However, we strongly recommend consulting with an employment lawyer in Tampa, Florida for personalized advice on your specific situation. Laws and regulations can change, so it’s essential to get up-to-date legal guidance.

Employees also have the right to file a civil lawsuit against their employer in case of any violations. Successful litigation in an FMLA lawsuit may entitle the individual to various types of damages, which typically include:

1. Back pay
2. Front pay
3. Liquidated damages
4. Attorneys’ fees and costs

These damages aim to compensate the employee for any losses incurred due to FMLA violations and to cover the legal expenses involved in pursuing the case.

Remember, legal processes can be complex, so it’s crucial to seek counsel to navigate the specific nuances of your case. A qualified employment lawyer will be better equipped to protect your rights and guide you through the necessary steps to address any FMLA violation. Contact our proficient  Tampa employment leave attorneys today for a free initial consultation at (813) 705-6275 or coordinator@caklegal.com.  

Why choose Cantrell Schuette, P.A.?

Hiring the experienced employment lawyers of Cantrell Schuette, P.A. can greatly enhance your chances of successfully navigating through an FMLA case. Here’s why we are the right choice for you:

1. Expertise in FMLA: Our attorneys possess extensive knowledge and expertise in FMLA regulations, ensuring that your rights are upheld throughout the process.
2. Navigating Complex Legal Procedures: The FMLA process can be complex, involving paperwork, eligibility determinations, and potential disputes with employers. We handle all legal aspects efficiently, saving you time and minimizing stress.
3. Customized Legal Solutions: Every individual’s situation is unique, and we understand that. Our attorneys work closely with you to craft personalized legal strategies that address your specific needs and concerns.
4. Protection Against Employer Retaliation: Unfortunately, some employers may not fully comply with FMLA regulations or retaliate against employees for exercising their rights. Our firm is committed to protecting you from any form of employer retaliation.
5. Full Entitlements: We fight for you to receive the full FMLA entitlements you deserve, including reinstatement to your job or an equivalent position upon your return from leave.
6. Local Expertise: Based in Tampa, Florida, our firm has a deep understanding of the local laws and regulations that may impact your leave case. This local expertise enhances our ability to represent you effectively.
7. Compassionate Support: We understand that facing family medical issues can be emotionally challenging. Our team provides compassionate support, guiding you through the legal process with care and empathy.

At Cantrell Schuette P.A., we are committed to advocating for your FMLA rights and providing the legal representation you need in Tampa, Florida. If you believe your rights have been violated or have any questions about FMLA, don’t hesitate to contact us. Our dedicated team is here to help you achieve the best possible outcome for your situation. Call or email us today at (813) 705-6275 or coordinator@caklegal.com to schedule a free consultation and take the first step towards securing your rights under FMLA.