Employment Discrimination Lawyer Tampa, FL
Our Tampa, FL employment discrimination lawyer knows that the majority of workers in the United States have a federally protected right under the Family and Medical Leave Act (FMLA) to take up to 12 weeks off from work, unpaid, to care for themselves or a close family member who is sick or injured and not have to fear losing their job or being discriminated against or retaliated against. If you believe that you are an employee who is eligible for FMLA protection but are worried that your employer has unlawfully violated your FMLA rights, you should consult with an experienced employment discrimination lawyer as soon as possible.
Examples of When a Person Can Take Time Off Under the FMLA
There are many instances when a worker can take unpaid leave from their job under the FMLA. A few typical examples include:
- When the worker is ill, injured, or has a serious medical condition
- When the worker needs to provide care for his or her spouse, child, or parent who has a serious medical condition or illness
- When the worker is incapacitated due to pregnancy
- When the worker needs prenatal care before a childbirth
- When the worker needs to provide care to his or her newborn child
- Placing a child up for adoption or into foster care
How Do Workers Use FMLA Leave?
When a worker has notice ahead of time that he or she will need to take time off from work under the FMLA, he or she must provide his or her employer with 30 days of notice if possible. When advanced notice is not possible, or the need to take time under the FMLA is sudden and unplanned, workers need to provide notice as soon as possible. Workers must follow their employer’s normal policies concerning taking leave.
Employers Must Respect Your FMLA Rights
As a Tampa employment discrimination can explain, if you are a worker that is eligible for FMLA protection, then your employer must comply with the law and allow you to take the qualifying time that you need. Employers are not permitted to interfere with your rights under the FMLA, nor can an employer restrain you or deny you your FMLA rights. Your employer is also prohibited from discharging you, or discriminating against you, for exercising your rights under the FMLA.
Discrimination could take the form of:
- Treating you differently after you took FMLA time off
- Denying you promotions or certain work projects or assignments
- Giving you a bad review for no good reason other than that you took time off under the FMLA
- Deeming you ineligible for promotions or bonuses because you took time off under the FMLA
No one who is eligible for FMLA protections should be denied their rights by their employer. If you believe that your employer has improperly taken action against you or has discriminated against you for taking unpaid leave under the FMLA, you should consult with a Tampa employment discrimination lawyer from Hoyer Law Group, PLLC.