By Walwin Taylor, Esq., WLT Law Firm, PLLC · Last reviewed November 8, 2026
If you took time off for surgery, a serious illness, a new baby, or to care for a sick parent — and then lost your job, got demoted, or came back to find your position gone — you’re right to be worried. In most cases, no, your employer cannot fire you for taking leave you were entitled to under the Family and Medical Leave Act (FMLA). FMLA leave is job-protected, which means your employer generally has to give you your job back and cannot punish you for using it. If they did, you may have a claim. Here’s how FMLA works in Florida, what counts as a violation, and what to do next.
What is FMLA leave?
The FMLA is a federal law that lets eligible employees take up to 12 weeks of unpaid, job-protected leave in a 12-month period for certain family and medical reasons — your own serious health condition, caring for a spouse, child, or parent with a serious health condition, or the birth, adoption, or foster placement of a child. (Leave to care for a seriously injured servicemember can run up to 26 weeks.) “Job-protected” is the key phrase: when your leave ends, you’re entitled to return to the same job, or an equivalent one with the same pay, benefits, and terms.
You don’t have to take it all at once. FMLA leave can be taken intermittently — a few hours or days at a time — when it’s medically necessary, such as for ongoing treatment or recurring appointments.
Are you eligible?
Not every worker is covered. You’re generally eligible if all three are true:
- You’ve worked for your employer for at least 12 months.
- You worked at least 1,250 hours in the 12 months before your leave.
- Your employer has at least 50 employees within 75 miles of your worksite.
If your employer is smaller than that, FMLA may not apply — but other protections still might, so it’s worth asking a lawyer before you assume you have no options.
When is firing you illegal?
There are two main ways an employer breaks the FMLA, and the law spells both out:
Interference. Your employer cannot deny, delay, or discourage leave you’re entitled to, and cannot refuse to give you your job back afterward. With interference, the employer’s reason doesn’t matter — even a well-meaning mistake can be a violation if it costs you your leave or your position.
Retaliation. Your employer cannot punish you because you asked for or took FMLA leave. Firing, demotion, a sudden bad review, being written up, losing shifts, or being pushed out shortly after you return can all be signs of retaliation — especially when the timing lines up closely with your leave. (Our guide to workplace retaliation in Florida explains more.)
What is not protected
FMLA is not a shield against every firing. Your employer can still let you go for a legitimate reason that has nothing to do with your leave — a company-wide layoff you would have been included in anyway, documented performance problems that started before your leave, or serious misconduct. The question is whether your leave was the real reason. If the “official” explanation appeared only after you took leave, keeps changing, or doesn’t match how coworkers who didn’t take leave were treated, that’s worth a closer look.
A 2026 update worth knowing: travel time counts
Here’s something even many employers get wrong. In a January 2026 opinion letter, the U.S. Department of Labor confirmed that FMLA leave covers the time you spend traveling to and from a medical appointment for a serious health condition — not just the appointment itself. Your doctor’s note doesn’t even have to spell out the travel time for it to count. Side trips for unrelated errands are not covered.
This matters for intermittent leave. If your employer is docking you attendance points or writing you up for the hours you spend getting to and from covered treatment, that time may be protected. Even a “neutral” attendance policy cannot be used to penalize you for absences the FMLA protects.
What you may be able to recover
If an employer violated your FMLA rights, the law is designed to make you whole. That can include your lost pay and benefits, and in many cases that amount is doubled unless the employer proves it acted in good faith and had reasonable grounds to believe it was following the law. You may also be entitled to get your job back or receive pay going forward, plus interest. Importantly, the FMLA lets a court order the employer to pay your attorney’s fees — which is a big reason people who think they can’t afford a lawyer often can.
If a medical condition, pregnancy, or disability was also part of why you were treated differently, other laws (like the Americans with Disabilities Act) may protect you too. See Can I be fired for a disability in Florida? A lawyer can tell you which ones fit your situation.
Deadlines that matter
Unlike a discrimination charge, an FMLA claim does not require you to file with the EEOC first — you can go straight to court. But the clock still runs: in general you have 2 years from the violation to sue, and up to 3 years if the employer’s violation was willful (meaning it knew it was breaking the law). If your firing also involved discrimination — for example, disability or pregnancy — those claims carry their own separate deadlines (a charge with the EEOC within 300 days, or the Florida Commission on Human Relations within 365 days). Because more than one clock can apply, don’t wait to get advice.
What to do next
- Save everything: your leave request, any medical certification, emails or texts about your leave, and your termination or discipline paperwork.
- Write down the dates — when you requested leave, when you took it, and when the firing or discipline happened.
- Don’t sign a severance agreement or release before someone reviews it.
- Talk to an employment lawyer well before the 2-year deadline, so evidence is still fresh.
Talk to a Fort Lauderdale FMLA lawyer
If you were fired, demoted, or punished after taking medical or family leave, WLT Law Firm can review what happened and tell you honestly whether you have a claim. WLT Law Firm represents employees across Fort Lauderdale and Broward County, and the consultation is free and confidential. Call 954-905-9863 or 866-GET-WALI (866-438-9254) to talk with a Fort Lauderdale FMLA lawyer about your situation.
Frequently asked questions
Can my employer fire me while I’m on FMLA leave?
Not because of your leave. FMLA leave is job-protected, so your employer generally cannot fire, demote, or discipline you for taking it, and must return you to the same or an equivalent job. An employer can only act for a legitimate reason unrelated to your leave — like a layoff you would have been part of anyway.
How much notice do I have to give my employer?
When your need for leave is foreseeable (like a scheduled surgery), you generally give at least 30 days’ notice. When it isn’t foreseeable, you notify your employer as soon as you reasonably can. You don’t have to say the words “FMLA” — once you let your employer know you need time off for a medical reason, it’s on them to follow up.
Does travel time to my doctor count as FMLA leave?
Yes. A January 2026 U.S. Department of Labor opinion letter confirms that time spent traveling to and from a medical appointment for a serious health condition is covered by FMLA, in addition to the appointment itself.
How long do I have to sue for an FMLA violation in Florida?
Generally 2 years from the violation, or up to 3 years if the violation was willful. You do not have to file with the EEOC first for an FMLA claim, but related discrimination claims have their own shorter deadlines, so it’s best to act quickly.
What if my employer has fewer than 50 employees?
FMLA may not cover you, but that doesn’t automatically mean you have no rights. Other laws or policies may apply, and a quick conversation with WLT Law Firm can tell you where you stand.
This article is general information about Florida and federal employment law, not legal advice, and does not create an attorney-client relationship. Every situation is different — speak with a qualified attorney about your specific circumstances.