FMLA Lawyers in Florida: Protecting Your Job & Your Rights
If you’ve been denied leave, demoted, or fired after requesting or taking time off under the Family and Medical Leave Act (FMLA), you have rights, and you may have a legal case.
At Wenzel Fenton Cabassa, P.A., we help employees across Florida stand up to employers who violate FMLA protections.
Understanding the Family and Medical Leave Act (FMLA)
The FMLA is a federal law that gives eligible employees the right to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualified medical and family reasons — without fear of retaliation.
Common reasons for FMLA leave include:
- The birth of a child and bonding time
- Placement of a child for adoption or foster care
- Caring for an immediate family member with a serious health condition
- Your own serious health condition
- Certain military family needs
Key protections:
- Group health insurance coverage continues during leave
- Restoration to your original (or equivalent) position after returning
- Option to use accrued paid leave during your FMLA time
Are You Eligible for FMLA Leave?
Basic Criteria
- Worked for your employer for at least 12 months
- Logged 1,250 hours in the past year
- Employer has 50+ employees within 75 miles of your workplace
If You’re Denied Leave
The various federal FMLA forms are posted below to download and print. The FMLA allows the majority of employees (who meet certain eligibility requirements) to take a leave of absence from work for a variety of health and family-related reasons.
If you meet these requirements and your employer refuses leave, speak with an FMLA attorney immediately (strict deadlines apply).
What to Do If Your Employer Retaliates or Denies Your Leave
Retaliation can include:
- Termination after requesting leave
- Demotion or reduced pay
- Negative performance reviews tied to your absence
- Refusal to reinstate your position
Our attorneys will:
- File your FMLA claim
- Gather documentation and witness statements
- Negotiate with your employer
- Represent you in court if necessary
Required FMLA Forms & Documentation
When applying for FMLA leave, you may need one or more of these:
- WH-380-E – Certification for an employee’s own serious health condition
- WH-380-F – Certification for a family member’s serious health condition
- WH-381 – Notice of Eligibility & Rights/Responsibilities
- WH-382 – Designation Notice (approval/denial)
- WH-384 – Certification for military exigency
- WH-385 – Certification for servicemember injury/illness
Why Choose Wenzel Fenton Cabassa, P.A.?
Experience You Can Trust
- Decades of employment law success
- Statewide coverage: Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, West Palm Beach
- Proven results in FMLA and workplace retaliation cases
Our Commitment to You
- Free case evaluations
- No win, no fee guarantee
- Direct attorney communication
Don’t delay, as you may have as little as 2 years to file an FMLA claim. Fill out the form to start your free case evaluation.
Free, confidential case evaluations | No win, no pay | Serving all of Florida
Frequently Asked Questions
Who is eligible for FMLA?
Employees who have worked for their employer for at least 12 months, logged 1,250 hours in the past year, and work for a company with 50 or more employees within 75 miles, for a qualifying medical or family reason. In some cases, remote employees are counted as part of the company’s headquarters, even if they’ve never physically worked there.
What is considered FMLA harassment in Florida?
FMLA harassment occurs when an employer discourages, penalizes, or treats an employee unfairly for requesting or taking protected leave.
Can my employer force me to work while on FMLA protected leave?
No, your employer cannot require you to perform work duties during approved FMLA leave, though occasional minimal contact for transition or clarification is allowed.
What is considered FMLA retaliation in Florida?
FMLA retaliation happens when your employer punishes you for taking or requesting protected medical leave. Examples include being fired, demoted, passed over for promotions, reassigned to less favorable duties, or having your hours or pay reduced because you exercised your rights under the Family and Medical Leave Act.
What happens if your employer violates FMLA?
If your employer interferes with your right to take FMLA leave, or retaliates against you for using it, they may be breaking the law. This could include denying your leave, refusing to reinstate you, cutting your hours, or firing you after your return.
If you believe your FMLA rights have been violated, speaking with an experienced Florida FMLA lawyer at Wenzel Fenton Cabassa, P.A. can help you understand your options for moving forward.
How to prove FMLA retaliation in Florida?
To prove retaliation, you generally need evidence that:
- You took or requested FMLA-protected leave,
- Your employer took an adverse action against you (such as termination, demotion, or loss of pay), and
- The timing or circumstances suggest the action was connected to your leave.
If you suspect retaliation, our Florida FMLA attorneys can review your claim to determine how we can assist.
In Florida, how long after FMLA can you be fired?
Not for using your leave — but you can be terminated for unrelated legitimate reasons.
Can you collect unemployment if you are fired after FMLA in Florida?
Yes, if you meet Florida’s eligibility requirements and were not terminated for misconduct. If you were fired after FMLA, you should contract a FMLA attorney as soon as possible.
If you were fired after taking leave, the FMLA attorneys at Wenzel Fenton Cabassa, P.A. can help you assess legal claims you may have.
*How long do I have to file an FMLA claim in Florida?
The deadline to bring an FMLA claim is generally two years from the date of the violation. If your employer’s violation was willful — meaning they knowingly broke the law — you may have up to three years to file. Missing these deadlines can prevent you from recovering lost wages and other damages, so it’s important to act quickly.
If your FMLA rights were violated, don’t wait. Speaking with a Florida FMLA attorney at Wenzel Fenton Cabassa, P.A. can help you protect your rights and meet critical filing deadlines.
For additional questions, check out our FMLA FAQs
For more information on Understanding FMLA, please download our free FMLA eBook.
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