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

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