Advocating for a Healthy Workplace
Certain employers are governed by the Family Medical Leave Act (FMLA), which requires them to allow their workers to take unpaid leave for specific health reasons or to care for sick or injured family members. In addition, parents are granted certain leave rights related to the birth or care of their newborn or adopted baby.
Gunterfirm is an established employment and labor law firm that serves clients throughout Naples and Fort Myers, Florida. As a Board Certified Specialist in Employment and Labor Law, Naples FMLA lawyer Jason Gunter has the skills and experience to help clients assert their rights under the FMLA. Our firm counsels businesses on compliance with the FMLA and assists workers with claims related to the statute.
Family Medical Leave Act Provisions
The Family Medical Leave Act is designed to promote a balance between employees’ family and employment responsibilities. The FMLA requires covered employers to provide eligible employees to take leave from work for certain family and medical reasons. The leave can be unpaid, but the employee’s job must remain available. The employee is entitled to be reinstated at the same, or equivalent, position upon their return.
An eligible employee can take up to 12 work weeks of FMLA leave within a 12-month period under the following circumstances:
- To give birth and to care for the newborn up to one year after the child’s birth
- To adopt or foster a child and care for the child for up to one year after placement
- To take care of an immediate family member — spouse, child or parent — who has a serious medical condition
- To recover from a serious medical condition that renders the employee unable to perform essential job duties
- To handle exigent matters related to an active military member who is a spouse, child or parent of the employee
- To care for an active military member who is a spouse, child, parent or next of kin of the employee and who has a serious injury or illness, in which case the employee is eligible for leave up to 26 work weeks leave in a 12-month period
A Lawyer Who Understands the Nuances of Employment Law
In some cases, an employee’s medical condition also triggers other statutory protections. For example, a medical condition that makes an employee eligible for leave under FMLA may also be classified as a disability, in which case, the employer is subject to the Americans with Disabilities Act (ADA) and anti-discrimination legislation. Businesses not considered covered employers under the FMLA must nonetheless abide by the reasonable accommodations provisions of the Florida and federal disability statutes.
Learn About Your Rights and Obligations Under the FMLA
Naples FMLA attorney Jason L. Gunter, P.A. is a Florida Bar Certified Employment and Labor Law Specialist in Southwest Florida who has the experience and resources to effectively resolve FMLA matters. Learn more about how Gunterfirm can help you. Call us at 239.334.7017 or contact us online to schedule your free case evaluation today.
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"I am a retired lawyer and an inactive CalBar member. I contacted Mr. Gunter, acting as a business consultant for a small business, regarding a lawsuit against that business within his specialty of employment and labor law. The issues were wrongful termination and Wage-Hour Law violations. I cannot recommend Mr. Gunter highly enough. The results were very favorable."