Hialeah FMLA Attorney
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When an employer denies protected leave, counts it against attendance, or disciplines an employee who used it, the consequences can include lost income and a lost position. A Hialeah FMLA attorney can help you determine whether the Family and Medical Leave Act applies and what your options are.
Cantrell Schuette represents employees across Hialeah and Miami-Dade County in FMLA disputes, from denied leave requests through litigation in federal court. Our FMLA practice focuses on protecting job-protected leave and the reinstatement rights that follow it.
FMLA Disputes We Handle for Hialeah Employees
- Denied or delayed leave requests
- Discouraging employees from requesting or using leave
- Attendance points or discipline assessed for protected absences
- Improper or excessive medical certification demands
- Refusal to restore an employee to the same or an equivalent position
- Termination or demotion connected to a leave request
- Miscounting leave time or failing to designate qualifying leave
Who Is Eligible for FMLA Leave?
Employer coverage and employee eligibility are separate questions. The FMLA covers private employers with 50 or more employees, along with public agencies and public and private schools. To be eligible, an employee generally must have worked for the employer for at least 12 months, worked at least 1,250 hours during the preceding 12 months, and work at a location where the employer has at least 50 employees within 75 miles, as explained by the U.S. Department of Labor.
Employees at smaller worksites are sometimes surprised to learn the 75-mile test can be satisfied by an employer’s nearby locations, so eligibility is worth confirming rather than assuming.
When FMLA Leave Applies
Eligible employees may take up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying reasons:
- The employee’s own serious health condition
- Caring for a spouse, child, or parent with a serious health condition
- The birth of a child, or adoption or foster care placement
- A qualifying exigency arising from a family member’s military service
- Military caregiver leave, which can extend to 26 weeks
Not every illness qualifies as a serious health condition, and FMLA leave is unpaid unless it runs alongside paid leave. Importantly, an employee does not have to say the word FMLA to give legally sufficient notice; describing the need for leave and its reason is generally enough to trigger the employer’s obligations.
FMLA Interference and Retaliation
Interference means an employer prevented, restrained, or denied the use of FMLA rights, such as refusing a valid request, discouraging leave, or failing to restore the employee afterward. Retaliation means the employer took an adverse action because the employee requested or used leave. Timing alone does not prove retaliation, but a termination or demotion shortly after a leave request is often relevant evidence. The distinction matters because the proof required for each claim differs.
Certification, Intermittent Leave, and Returning to Work
Employers may require medical certification supporting the need for leave and, in limited circumstances, recertification. Leave may be taken intermittently or on a reduced schedule when medically necessary, which is common for chronic conditions and ongoing treatment. On return, an employee is generally entitled to the same or an equivalent position, subject to narrow lawful exceptions. DOL Fact Sheet 28 summarizes these rules in plain language.
FMLA Issues in Hialeah Workplaces
Hialeah’s largest employment sectors, including health care and social services, retail, manufacturing, and transportation and warehousing, rely heavily on shift scheduling and points-based attendance systems. Leave disputes in these settings often involve attendance points assessed for protected absences, intermittent leave for chronic conditions in physically demanding roles, and pressure to return before a certification period ends. That does not mean these industries violate the law more often than others. It means schedules, points records, and certification paperwork tend to decide these cases, so keeping them matters.
If You Are Not Eligible for FMLA
Ineligibility for FMLA does not always end the analysis. The ADA may require reasonable accommodations for a disability, which can include leave in some circumstances, and the Pregnant Workers Fairness Act protects workers with pregnancy-related limitations. Employer leave policies and other laws can also apply, so it is worth reviewing every available protection before concluding nothing can be done.
What to Do If Your FMLA Rights Were Violated
Preserve your leave requests, certification paperwork, emails and texts, attendance and points records, performance reviews, and any discipline or termination documents. FMLA claims generally must be brought within two years, or three years for willful violations, and an employee is not required to file a complaint with the Department of Labor before going to court.
What Our Clients Say
Why Clients Choose Cantrell Schuette
Cantrell Schuette is an employment litigation firm that handles FMLA matters alongside related discrimination and retaliation claims, which frequently overlap in leave disputes. Our attorneys represent employees across Miami-Dade County, with a Miami office available by appointment, and clients work directly with the attorneys handling their case.
Speak With an Experienced Attorney Today
Leave disputes often come down to paperwork and timing, and early legal review protects both. Contact Cantrell Schuette today at (877) 858-6868 or email coordinator@lawcantrell.com to schedule a consultation with a Hialeah FMLA attorney who can evaluate your eligibility, your employer’s obligations, and your next steps.
Hialeah FMLA FAQs
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How do I know whether I qualify for FMLA leave?
Check three things: your employer’s size, your length of service, and your hours. If your employer has 50 or more employees within 75 miles of your worksite, you have worked there at least 12 months, and you worked at least 1,250 hours in the past year, you are likely eligible. Close cases warrant a careful review of payroll and location records.
Can my Hialeah employer fire me while I am on FMLA leave?
FMLA leave is not immunity from termination, but an employer cannot fire you because you requested or used protected leave. If a termination during or shortly after leave was actually motivated by the leave itself, that can support an interference or retaliation claim.
Can I take FMLA leave intermittently?
Yes, when medically necessary. Intermittent leave and reduced schedules are common for chronic conditions, recurring treatment, and flare-ups. Employers can require certification supporting the schedule but cannot penalize properly designated intermittent absences.
What is the difference between FMLA interference and retaliation?
Interference is blocking or denying the use of FMLA rights, such as refusing valid leave or failing to reinstate you. Retaliation is punishing you for using those rights, such as firing or demoting you after a leave request. Many disputes involve both.
How long do I have to bring an FMLA claim?
Generally two years from the violation, or three years if the violation was willful. Because evidence like schedules and points records can disappear quickly, earlier review is better even though the deadline is longer than many employment claims.