Brandon FMLA Attorney
Brandon employees work in hospitals, schools, retail, distribution, and corporate service centers across eastern Hillsborough County. Many learn what the FMLA requires only after a leave request is refused.
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Taking leave for a serious health condition or a new child should not cost you your job. A Brandon FMLA attorney at Cantrell Schuette can review how your employer handled your leave request, explain your rights under the Family and Medical Leave Act (FMLA), and help you respond if those rights were denied.
FMLA Rights for Brandon Employees
The FMLA is a federal law, and for most private-sector employees in Brandon, Valrico, Riverview and Seffner it is the main source of job-protected family and medical leave. It covers private employers with 50 or more employees in 20 or more workweeks, along with public agencies and schools.
As the U.S. Department of Labor explains, an eligible employee has worked for the employer for at least 12 months, worked at least 1,250 hours in the prior 12 months, and works at a location with 50 or more employees within 75 miles.
- Up to 12 workweeks of unpaid, job-protected leave in a 12-month period
- Up to 26 workweeks to care for a covered servicemember with a serious injury or illness
- Leave for a serious health condition, to care for a spouse, child or parent, or to bond with a new child
- Intermittent leave or a reduced schedule when medically necessary
- Continued group health insurance on the same terms during leave
- Restoration to the same job or an equivalent one when leave ends
Our FMLA rights page covers eligibility and qualifying reasons in more depth.
Common FMLA Interference and Retaliation in Brandon Workplaces
FMLA claims usually take one of two forms. FMLA interference is an employer denying, restraining, or discouraging leave. FMLA retaliation is an employer punishing someone for taking leave or opposing a violation.
- Refusing leave that qualifies, or discouraging an employee from requesting it
- Failing to send the required eligibility notice within five business days
- Counting FMLA absences under a no-fault attendance policy
- Cutting hours or moving an employee to push them below the eligibility threshold
- Returning an employee to a lesser role with lower pay or reduced benefits
- Poor reviews, discipline, or termination that follows a leave request
The federal FMLA regulations bar employers from using FMLA leave as a negative factor in hiring, promotions, or discipline. Retaliation over leave often looks like other forms of workplace retaliation: the timing tells the story.z
How to Know If You Have an FMLA Claim
You do not need to prove a case before speaking with an FMLA lawyer. These signs suggest a closer review may help:
- Your leave was denied even though you met the eligibility rules
- Complaints about your performance began after you asked for leave
- Your job was filled, changed or eliminated while you were out
- Your supervisor contacted your doctor or asked for medical details beyond the certification form
Keep copies of leave requests, certifications, emails, and reviews. An employer may still end a job for a reason unrelated to leave, such as a layoff that would have happened anyway, so the sequence of events matters.
FMLA claims generally must be filed within two years of the last violation, or three years if the violation was willful. An employee may file a complaint with the Wage and Hour Division of the Department of Labor or file a lawsuit. Federal FMLA lawsuits from Brandon are filed in the Tampa Division of the Middle District of Florida.
If you are not FMLA eligible, other laws may still apply. The EEOC explains that unpaid leave can be a reasonable accommodation under the ADA, and firing someone because of a disability may be disability discrimination under the ADA or the Florida Civil Rights Act, both of which apply to employers with 15 or more employees. Florida law also protects limited leave for employees affected by domestic or sexual violence.
What a Brandon FMLA Attorney May Help You Recover
No attorney can promise a result. Under the FMLA’s enforcement provision, remedies may include:
- Lost wages, salary, and employment benefits
- Other monetary losses caused by the violation
- Interest on those amounts
- Liquidated damages equal to that total, unless the employer shows good faith and reasonable grounds
- Reinstatement, promotion or other equitable relief
- Reasonable attorney’s fees and costs
A family and medical leave act lawyer can also assess whether ADA or Florida Civil Rights Act claims belong alongside the FMLA claim. Those carry separate deadlines: 300 days for an EEOC charge and 365 days with the Florida Commission on Human Relations.
What Our Clients Say
Why Clients Choose Cantrell Schuette
Cantrell Schuette represents employees across Florida, with a Tampa office close to Brandon and a national practice. Our Brandon lawyers also handle wrongful termination, non-compete, and other employment disputes.
- Review of leave requests, notices, and certifications
- Timeline analysis for FMLA retaliation and interference claims
- Negotiation with the employer or its counsel
- Litigation in state or federal court when a claim does not resolve
A Brandon FMLA attorney looks at what the employer knew, when it knew it, and what it did next.
Speak With an Experienced Attorney Today
Notice rules and filing deadlines shape every FMLA claim, and early legal review can help. Contact Cantrell Schuette today at (877) 858-6868 to schedule a consultation with a Brandon FMLA attorney who understands this market inside and out.
Brandon FMLA FAQs
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What is the three-day rule for FMLA leave?
One way an illness becomes a serious health condition is incapacity of more than three consecutive, full calendar days plus continuing treatment by a health care provider. Pregnancy and chronic conditions such as asthma or diabetes can qualify without meeting the three-day requirement.
Is FMLA leave paid in Florida?
No. FMLA leave is unpaid. An employee may choose to use accrued paid leave during FMLA leave, and an employer may require it. A disability plan may also replace some income, depending on its terms.
Can I sue my employer for an FMLA violation?
Yes. An employee may file a lawsuit in state or federal court, or file a complaint with the Department of Labor. Lawsuits generally must be filed within two years of the last violation, or three years if the violation was willful. An FMLA lawyer can explain which route fits.
Can my employer fire me for performance while I am on FMLA leave?
An employer may end a job for a reason that would have applied even without leave. It may not use leave as a negative factor, and performance concerns that surface only after a leave request can suggest the stated reason is not the real one. When the timing is close, a Brandon FMLA attorney can review whether the explanation holds up.
Can my employer contact my doctor about my FMLA leave?
Only in limited ways. An HR professional, leave administrator or health care provider may contact your provider to authenticate or clarify the certification, but never your direct supervisor. Employers may not ask for information beyond what the certification form requires.