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Denied Family or Medical Leave in Florida? Here's What to Do Next - BT Law Group, PLLC · BSPE Legal Marketing Podcast

• 0:00
  Denied Family or Medical Leave in Florida? Here's What to Do Next When an employer denies your request for family or medical leave, it can feel like the rules were stacked against you from the very beginning.
• 0:10
  The Family and Medical Leave Act provides eligible employees with up to 12 weeks of unpaid, job-protected leave for qualifying reasons, including caring for a seriously ill family member, recovering from your own health condition, or bonding with a new child.
• 0:24
  Military caregiver leave offers a separate entitlement of up to 26 workweeks in a single 12-month period for eligible employees caring for a covered servicemember with a serious injury or illness.
• 0:36
  Not every denial is unlawful, because an employer can legally deny FMLA protection when an employee is ineligible, the reason for leave does not qualify, or required notice and certification rules were not properly followed.
• 0:49
  To be eligible, an employee must have worked for a covered employer for at least 12 months, completed at least 1,250 hours of service in the prior year, and work at a location where the employer has at least 50 employees within 75 miles.
• 1:05
  When foreseeable leave is planned, such as a scheduled medical procedure, employees generally must provide 30 days' advance notice, and when that is not possible, notice must be given as soon as practicable.
• 1:16
  An employer who requires medical certification must allow the employee at least 15 calendar days to provide it, and if the documentation is incomplete, must identify the deficiency in writing and allow at least seven days to correct it.
• 1:31
  Warning signs of an unlawful denial include being rejected despite meeting all eligibility and documentation requirements, facing demands for certifications that exceed what the law permits, or seeing other employees with similar circumstances receive different treatment.
• 1:46
  Actions taken before or after the denial, such as sudden disciplinary measures or changes in job duties, can also indicate that an employer interfered with rights the FMLA is designed to protect.
• 1:57
  A skilled attorney who understands both sides of employment disputes can examine the employer's stated reason for the denial and determine whether the decision truly complied with federal requirements.
• 2:07
  BT Law Group, PLLC represents employees throughout Miami-Dade County in disputes involving denied leave, FMLA interference, and retaliation, with founding partners Jason D. Berkowitz and Anisley Tarragona each bringing prior management-side experience to every case.
• 2:24
  The law firm's founding lawyer partners earned their law degrees from the University of Miami School of Law and are admitted to practice in all three U.S. District Courts in Florida as well as the U.S. Court of Appeals for the Eleventh Circuit.
• 2:36
  Call BT Law Group, PLLC at 305, 507, 8506, located at 3050 Biscayne Blvd STE 205, Miami, FL 33137, United States, to schedule your consultation and discuss whether your denied leave request may have violated your federally protected rights.