Family and Medical Leave Act (FMLA)
It is unlawful for an employer to interference with your FMLA rights or to retaliate against you for exercising your FMLA rights. We have substantial experience representing employees who have been terminated or who have suffered an adverse employment action due to the exercise of their FMLA rights.
What is FMLA?
The FMLA provides eligible employees of covered employers unpaid, job-protected leave for specified family and medical reasons. Eligible employees are entitled to:
1. Twelve (12) workweeks of leave in a 12-month period for:
(a) the birth of a child;
(b) the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one (1) year of placement;
(c) to care for the employee’s spouse, child, or parent who has a serious health condition;
(d) a serious health condition that makes the employee unable to perform the essential functions of his or her job; and
(e) any qualifying exigency arising out of the fact that the employee’s spouse, son, daughter, or parent is a covered military member on “covered active duty;” or
2. Twenty-six (26) workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member’s spouse, son, daughter, parent, or next of kin (military caregiver leave).
FMLA Violations in the Workplace
It is unlawful for an employer to interfere with an employee’s FMLA rights and/or to retaliate against an employee for exercising FMLA rights. In the event of unlawful interference or retaliation, the employer could be liable to the employee for lost wages and benefits, liquidated damages (i.e., double damages), and attorneys’ fees and costs.
We provide legal representation in cases involving FMLA interference or retaliation. If you would like to know more about whether you are eligible for job-protected leave under the FMLA or your FMLA rights, or if you believe that your employer has interfered with your FMLA rights or retaliated against your for exercising your FMLA rights, call us to arrange for a confidential consultation or to have us evaluate your case.
At Weldon & Rothman, PL, our attorneys typically handle FMLA cases on a contingency fee basis, meaning you do not owe us for attorneys’ fees unless we make a financial recovery on your case by settlement or judgment. We pride ourselves on our service to and our exclusive focus on Southwest Florida: Naples, Ft. Myers, Sarasota, Bonita Springs, Estero, Marco Island, Immokalee, Port Charlotte, Punta Gorda, Cape Coral, Lehigh Acres, North Port, Bradenton, Collier County, Lee County, Charlotte County, Manatee County, and Sarasota County. We have convenient offices in Naples, Florida, Ft. Myers, Florida, and Sarasota, Florida. We concentrate all of our efforts on serving and advocating for the people of Southwest Florida. This means that your case will be handled by a local employment lawyer who is available to meet with you in person, and who is familiar with the area’s legal community.
We appreciate the trust you have shown in our law firm. Let us help you achieve the justice you deserve. Please call us today for an initial consultation.