Miami Family Medical Leave Act Lawyer
Enforcing the Protections Offered by FMLA
The Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. (the “FMLA”), requires certain employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave during a 12-month period. The FMLA also requires that group health benefits be maintained during the leave period.
To preserve the availability of these rights and to enforce them, the FMLA creates two types of claims: interference claims (in which an employee asserts that the employer denied or otherwise interfered with the employee’s substantive rights under the FMLA), and retaliation claims (in which an employee asserts that the employer discriminated against the employee because the employee engaged in activity protected by the FMLA).
In order to establish an interference claim, an employee need only demonstrate by a preponderance of the evidence that the employee was entitled to a benefit that was denied. Krutzig v. Pulte Home Corp., 602 F.3d 1231, 1235 (11th Cir. 2010). To succeed on a retaliation claim, an employee must show that the employer intentionally discriminated against the employee for exercising a right under the FMLA. Martin v. Brevard Cty. Pub. Sch., 543 F.3d 1261, 1267 (11th Cir. 2008). Therefore, unlike with an interference claim, with retaliation claims, an employee faces the increased burden of showing that the employer’s actions were motivated by an impermissible retaliatory or discriminatory animus.
FMLA leave is available:
- for the birth and care of the newborn child of an employee;
- for placement with the employee of a child for adoption or foster care;
- to care for an immediate family member (spouse, child, or parent) with a serious health condition;
- to take medical leave when the employee is unable to work because of a serious health condition;
- for qualifying exigencies that arise when the employee’s spouse, son, daughter, or parent is on covered active duty or has been notified of an impending call or order to covered active duty; or
- to care for a covered servicemember with a serious injury or illness (for up to 26 weeks of unpaid leave).
Employees are generally eligible for leave if they have worked for their employer: (1) at least 12 months, (2) at least 1,250 hours over the past 12 months, and (3) at a location where the company employs 50 or more employees within a 75 mile radius.
The 12 months of employment requirement do not have to be consecutive in order for an employee to qualify for FMLA leave. In general, only employment within seven years is counted unless the break in service is: (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement. The 1,250 hours include only those hours actually worked by the employee, which means that paid leave and unpaid leave, sick time, and vacation time are not counted towards the 1,250 hour requirement.
Lawyers from BT Law Group have extensive experience advising clients about, and litigating, claims of interference and retaliation under the FMLA. If you believe your rights have been violated under the FMLA, please contact the attorneys at BT Law Group for a consultation.
Our Process
As a first step, your assigned legal team will gather and review records related to your claim, including any employment contract or offer letter, time sheets, any relevant communications, and any disciplinary actions, including performance improvement plans or termination paperwork.
These documents will help your attorneys evaluate your claims and develop a strategy to obtain the best results for your situation.
Once your legal team completes the initial investigation, they will work with you to determine the best legal strategy for your situation. Your legal team will make recommendations and will work with you to formulate the most effective approach to obtain your desired outcome.
After you and your legal team formulate the strategy, your legal team will advocate on your behalf to obtain your desired outcome. This could include negotiating a separation package, engaging in pre-suit negotiations, sending a demand letter, and/or filing a charge of discrimination or lawsuit on your behalf.
The attorneys at BT Law are experienced trial lawyers and will advocate for your rights in the courtroom as necessary.
What Our Clients Say
Now that my case has been finalized, I would like to take this opportunity to publicly express my sincere admiration and gratitude to Anisley Tarragona and Jason Berkowitz for their outstanding professionalism and superb legal expertise applied…
Hiram V.
I recently found myself in the midst of an employment and labor dispute crisis, desperately seeking legal assistance to navigate the complexities of the situation. After screening multiple firms, I was fortunate to discover BT Law Group…
Marc O.
I was very pleased with my experience with BT Law group. Both Jason and Anisley were professional and answered all my questions. They believed in me and my case and for that I am forever grateful. Jason fought for me and justice was served. I recommend…
Allycia C.
I can’t speak highly enough of my experience with Anisley and team at BT Law Group. I was in a very vulnerable position being laid off from my corporate job of 10 years at 8 months pregnant. The team asked all of the right questions with a very…
Katherine S.
From start to finish, they were incredibly skilled, knowledgeable, compassionate and supportive. Their expertise gave me confidence at every stage, and their dedication could be seen throughout the entire case. They explained every step in clear terms…
Sammy E.
Trusted advisors
Jason D. Berkowitz is a Founding Partner of BT Law Group, PLLC. Prior to starting BT Law, Mr. Berkowitz was a Partner in the Miami office of a national labor and employment law firm where he represented management exclusively.
Anisley Tarragona is a founding partner of BT Law Group, PLLC. Prior to starting BT Law, Ms. Tarragona worked in the Miami office of a national labor and employment law firm where she represented management exclusively. Ms. Tarragona, who was born and raised in Cuba, is fluent in Spanish.
