The employment & labor law attorneys at Wenzel Fenton Cabassa, P.A. are experienced in representing cases involving FMLA violations throughout the state of Florida. If you have been demoted, fired, or otherwise punished for taking FMLA leave, take action. Your employer has a lawyer, why don’t you?

Under federal law, many employees across the state are eligible for up to 12-weeks of FMLA leave without fear of retribution or discrimination. If you have been harassed or unfairly treated for requesting or taking FMLA leave in the state of Florida, consult an attorney at Wenzel Fenton Cabassa, P.A. today. Our attorneys will aggressively fight for your employee rights. Your initial consultation is free – and confidential – and we offer “no win, no pay” contingency options to help cover your expenses. Contact our office today to schedule your appointment.

We are available in Tampa, St. Petersburg, Sarasota, Orlando, Miami, Jacksonville, and West Palm Beach for your convenience.


Navigating FMLA rights and violations can be complicated. At Wenzel Fenton Cabassa, P.A., we take pride in providing employees with the knowledge and insight they need to protect their workplace rights.

For more information on Understanding FMLA, please download our free FMLA eBook.

Depending on your situation, you will need to execute various forms, typically provided by your employer, to qualify you for the protections offered by the FMLA. Here is a listing of the common forms and an explanation of why you would need them:


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.

Reasons to take FMLA leave include:

  • childbirth,
  • the initial care of a newborn,
  • adoption or foster care, and
  • taking care of an immediate family member with a serious medical condition

If the employee is on the company’s health insurance plan, the coverage continues throughout the period of absence.

Note that the leave of absence is without pay. That being said, you can often use accumulated vacation and/or sick time to have an income while you are off work. It is important to consult and follow your company’s human resource policies in regards to notification and usage of any accumulated time.

Health Care Provider Certification Form – Employee

WH-380-E – This form is essentially a doctor’s note to take advantage of the rights provided by FMLA. The top section is filled out by you. The bulk of the form is filled out by your doctor or another medical practitioner.

Health Care Provider Certification Form – Family Member

WH-380-F – This is the same as the above – except it is for a leave of absence to care for a family member as opposed to you. As before, the majority of the document is directed toward the medical practitioner.

Notice of Eligibility and Rights & Responsibility Form

WH-381 – This is the form given by an employer to an employee instructing the employee of FMLA eligibility if and when an employee requests a leave of absence. It is filled out by the employer and then notifies the employee if she is eligible for benefits and whether any further documentation is required.


Typically, a “covered employee” is one that has worked for the company for a total of 12 months, has worked at least 1,250 hours over the previous 12 months, and works at a location within the U.S (or its territories) where at least 50 of its employees are employed within 75 miles. If you are a covered employee and qualify under the parameters of FMLA law, you should not be denied leave. If this has happened to you, contact an FMLA lawyer to pursue potential legal options available to you.

Designation Notice Form

WH-382 – This is another form given by the employer to the employee. As opposed to eligibility, this form notifies of approval or disapproval of the FMLA application. If FMLA rights are denied, it provides the employee with the reason. If additional documents are needed for determination, that is noted as well.

Certification of Qualifying Exigency for Military Leave Form

WH-384 – This form is generally filled out by the employee, but the top portion is filled out by the employer. This form is used to demonstrate the need for a leave of absence due to a family member’s military requirements.

Certification for Serious Injury or Illness of Covered Service Member Form

WH-385 – This form is used if the family member who is in the Armed Services has become seriously ill or injured during active duty. Again, it is filled out primarily by the employee but contains a small section at the top for the employer.


The FMLA lawyers at Wenzel Fenton Cabassa, P.A., fight for employee rights and we fight to win. FMLA employment law is there for your protection against companies that discriminate against, demote, or otherwise try to punish employees who use the FMLA. Our attorneys understand the complexities of the justice system and the processes needed to hold employers accountable for violating the law.

Do you think that you have been wrongfully terminated or discriminated against in accordance with the FMLA?

We work diligently with you and your family in mind, tackling FMLA violations, discrimination, retaliation, and all the rest of your employment law needs.

Schedule your free initial consultation with us today.

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