You should not have to choose between your job and caring for yourself or your family. The Family and Medical Leave Act (FMLA) lets eligible employees take job-protected time off for a serious health condition or to care for a loved one — and it is against the law for an employer to punish you for using it. At WLT Law Firm, led by Fort Lauderdale employment attorney Wali Taylor, we help Broward County workers whose FMLA rights were denied or who were fired for taking leave. Call (954) 905-9863 or (866) 438-9254 for a free, confidential consultation.

What Is the FMLA?

The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period (up to 26 weeks to care for a covered servicemember). While you are out, your group health insurance continues, and when you return your employer must give you back your same job or an equivalent one. The U.S. Department of Labor explains how FMLA leave works.

Are You Eligible?

You are generally covered by the FMLA if all of these are true:

  • You have worked for your employer for at least 12 months;
  • You worked at least 1,250 hours in the 12 months before your leave; and
  • Your employer has at least 50 employees within 75 miles of your worksite.

Public agencies and schools are covered regardless of size. If you have questions about whether you qualify, the Department of Labor’s FMLA FAQ is a helpful starting point — and we can look at your specific situation.

Reasons You Can Take FMLA Leave

  • Your own serious health condition that keeps you from doing your job;
  • To care for your spouse, child, or parent with a serious health condition;
  • The birth of a child and bonding within the first year;
  • The adoption or foster placement of a child; and
  • Certain situations arising from a family member’s military service.

Leave can often be taken all at once, or intermittently — a few hours or days at a time — when it is medically necessary.

Two Ways Employers Break the FMLA

The law, 29 U.S.C. § 2615, makes both of the following unlawful:

Interference

Denying leave you are entitled to, discouraging you from taking it, counting your leave against you, or refusing to give you your job back when you return.

Retaliation

Firing, demoting, cutting hours, or otherwise punishing you because you requested or took FMLA leave.

What the FMLA Does Not Do

FMLA leave is unpaid, and not every employer or employee is covered. If you do not qualify for the FMLA, you may still have rights under other laws — for example, the Americans with Disabilities Act may require leave or another accommodation for a disability, and pregnant workers have separate protections. We look at every avenue that fits your situation.

Act Now — the Clock Is Already Running

An FMLA claim generally must be brought within two years of the violation — three years if it was willful. Those periods work as a lookback: the longer you wait, the more of what you are owed can fall outside the window, and once the deadline passes the claim can be lost entirely. The single best step is to talk to a lawyer now, while your evidence is fresh and your full recovery is still on the table.

How WLT Law Firm Helps

We review what your employer did, gather the leave records and communications, and negotiate or litigate to recover what you lost — which can include lost wages and benefits, reinstatement, and, in many cases, an equal amount again in liquidated damages plus attorney’s fees. Our goal is the best possible outcome for every client we represent. The consultation is free and confidential.

Frequently Asked Questions

Is FMLA leave paid?

No. FMLA leave is unpaid, but it is job-protected, and your group health benefits continue while you are out. You may be able to use accrued paid leave at the same time.

Can I be fired while I am on FMLA leave?

Not because of the leave. An employer cannot fire or punish you for taking or requesting FMLA leave. If your job is eliminated for reasons truly unrelated to your leave, the rules can be more complex — which is worth discussing with a lawyer.

Does my employer have to give me my job back?

Yes. When you return from FMLA leave, your employer generally must restore you to the same job or an equivalent one with the same pay, benefits, and conditions.

What if my employer is too small for the FMLA?

You may still have options. The ADA, pregnancy protections, or other laws can apply even when the FMLA does not. It is worth asking a lawyer about your specific situation.

How long do I have to act?

Act now. An FMLA claim generally must be brought within two years of the violation (three if it was willful), and that window is already running — the longer you wait, the more of your recovery can slip outside it. Speaking with a lawyer promptly protects both your evidence and the full value of your claim.

Talk to a Fort Lauderdale FMLA Lawyer

If your employer denied your leave or punished you for taking it, contact WLT Law Firm for a free, confidential consultation. Call (954) 905-9863 or (866) 438-9254 (866-GET-WALI). You can also learn more about workplace retaliation, pregnancy discrimination, and wrongful termination.

Written by Walwin Lee Taylor, Esq., Florida employment attorney — WLT Law Firm, Plantation & Fort Lauderdale.

This page is general information about Florida and federal employment law, not legal advice. Every situation is different — speak with a qualified attorney about your specific circumstances.