Tampa FMLA And Medical Leave Discrimination Lawyers
A serious health issue can affect far more than your ability to work. You may also worry about your income, health insurance and whether your job will still be there when you are ready to return. Pregnancy and related medical conditions can create many of the same concerns.
You should not have to choose between protecting your health and protecting your career. At Imler Law, we help Florida employees understand their rights when employers interfere with medical leave or punish them for requesting or taking time away from work.
Our approach is experienced, relentless and personal. We offer free consultations so you can discuss what happened and learn more about your options.
Does The FMLA Protect Your Medical Leave?
The Family and Medical Leave Act (FMLA) allows qualifying employees who work for covered employers to take time away from work for certain health and family-related needs without losing important job protections. This may apply when you are dealing with a serious medical condition, caring for an eligible family member, welcoming a new child through birth or placement or facing certain other qualifying circumstances.
If you qualify for FMLA leave, your employer generally cannot penalize you simply because you used that leave. Protected absences should not become the basis for discipline, termination or other negative employment decisions.
Issues involving family medical leave can become complicated quickly. We can review your leave request, your communications with your employer and what happened before, during and after your time away from work.
FMLA Interference Vs. Retaliation
Problems involving protected leave generally fall into two categories: interference and retaliation.
FMLA interference may occur when an employer prevents, restricts or discourages an employee from using rights available under the FMLA. Examples may include:
- Refusing to recognize a qualifying leave request
- Discouraging you from taking leave
- Counting protected absences against you
- Creating unnecessary obstacles to taking qualifying leave
FMLA retaliation involves an employer taking negative action because an employee requested, used or tried to use FMLA rights. This may include termination, demotion, reduced hours or other adverse employment actions connected to your leave.
If your employer suddenly questions your performance after you request leave, or you return from leave only to face discipline or termination, an employment law attorney can help you assess what happened.
Medical Leave And Pregnancy Discrimination
Medical leave disputes do not always involve the FMLA alone. Pregnancy, childbirth and related medical conditions may also trigger other workplace protections. In some situations, employees may have rights to reasonable accommodations connected to pregnancy or a medical condition.
If your employer treated you differently after learning about your pregnancy, health condition or need for protected leave, we can review the circumstances and explain your options.
Frequently Asked Questions About FMLA And Medical Leave
Employees often have questions about what an employer can legally do before, during or after medical leave. These answers address several common concerns.
What is the difference between an FMLA interference claim and an FMLA retaliation claim?
An interference claim focuses on whether an employer prevented or restricted you from exercising FMLA rights. A retaliation claim focuses on whether the employer punished you because you requested or used protected leave. The facts of some cases may support both types of claims.
Can my employer fire me while I am away on approved FMLA leave?
FMLA leave does not provide absolute protection from termination. An employer may still take action for a legitimate reason unrelated to your leave. However, an employer cannot lawfully fire you because you requested or used FMLA-protected leave.
What remedies and financial damages can I recover in an FMLA discrimination lawsuit?
Available remedies depend on the circumstances. They may include lost wages, lost benefits, certain financial losses caused by the violation and, in some cases, additional damages. A court may also order remedies such as reinstatement or promotion. An attorney can explain which remedies may apply to your case.
Talk To Us About What Happened At Work
When your health and livelihood are both at risk, you deserve personal attention from a legal team that takes your concerns seriously. We listen to your story, explain your rights and help you determine how to move forward.
Schedule a free consultation with Imler Law by calling 656-201-0155 or contacting us online. Hablamos español.