The Family and Medical Leave Act is one of the most important — and most frequently misunderstood — federal employment laws protecting workers in Southwest Florida. When a serious health condition, a new child, or a family member’s illness forces an employee to take time away from work, the FMLA provides crucial job protection. But employers frequently interfere with those rights, deny valid leave requests, or retaliate against employees for exercising them — sometimes without even realizing they are breaking the law.
If your employer has denied your FMLA leave request, interfered with your ability to take leave, or taken adverse action against you for exercising your FMLA rights, you may have a significant legal claim. Phillips Law Firm has been fighting for the workplace rights of Southwest Florida employees for 30 years.
Darrin M. Phillips is one of a small number of Florida Bar Board Certified specialists in Labor and Employment Law in Southwest Florida — and one of the few attorneys in this region whom the Florida Bar authorizes to identify himself as an expert in this field. Whether you are an employee whose FMLA rights have been violated or an employer navigating complex leave obligations, Phillips Law Firm has the credentials and experience to help.
What Is the Family and Medical Leave Act?
The FMLA is a federal law that entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons. During FMLA leave, the employer must maintain the employee’s group health insurance coverage under the same terms as if the employee had continued working. When the employee returns from leave, they are entitled to be restored to the same position — or an equivalent position with equivalent pay, benefits, and other terms of employment.
Which Employers Are Covered?
- Private employers with 50 or more employees within 75 miles of the employee’s worksite
- All public agencies — including state, local, and federal government employers
- All public and private elementary and secondary schools
Which Employees Are Eligible?
- Have worked for the employer for at least 12 months
- Have worked at least 1,250 hours during the 12-month period before the leave
- Work at a location where the employer has at least 50 employees within 75 miles
What Qualifies as FMLA Leave?
Birth and bonding — Birth of a child and care for the newborn within the first year.
Adoption or foster care — Placement of a child and bonding during the first year.
Serious health condition (employee) — Conditions involving inpatient care or continuing treatment that prevent job performance, including chronic conditions and qualifying mental health conditions.
Serious health condition (family member) — Caring for a spouse, child, or parent with a serious health condition.
Military family leave — Qualifying military-related circumstances, including up to 26 weeks of leave for covered servicemember care.
Common FMLA Violations by Employers
DENIAL OF VALID LEAVE REQUESTS Refusing qualifying leave or imposing requirements beyond what the law allows.
INTERFERENCE WITH LEAVE Discouraging leave, excessive contact during leave, or obstructing FMLA use.
FAILURE TO PROVIDE REQUIRED NOTICES Missing or delayed eligibility and rights notices required under the FMLA.
FAILURE TO RESTORE POSITION Not returning employees to the same or equivalent position after leave.
RETALIATION Taking adverse action such as termination, demotion, or discipline for requesting or taking FMLA leave.
MISCALCULATION OF LEAVE Incorrect tracking or denial of available FMLA entitlement.
FMLA and Other Leave Laws
The FMLA often overlaps with other legal protections, including:
- Americans with Disabilities Act (ADA)
- Florida Civil Rights Act
- Workers’ compensation laws
- Pregnancy discrimination protections
Understanding how these laws interact is critical when evaluating a claim.
What Can You Recover in an FMLA Claim?
- Back pay — lost wages and benefits
- Front pay — future lost earnings where reinstatement is not possible
- Liquidated damages — potentially doubling recovery in certain cases
- Attorney’s fees and costs
- Reinstatement to position
For Employers — Navigating FMLA Obligations
FMLA compliance is complex, particularly for small and mid-size employers. Errors in eligibility determinations, notice requirements, or leave tracking can result in significant liability.
Phillips Law Firm advises and defends employers in FMLA matters, including policy drafting, compliance guidance, and litigation defense.
Contact Us Today
FMLA claims are subject to strict filing deadlines, typically two years for non-willful violations and three years for willful violations.
Call Phillips Law Firm today at (239) 262-4180 for a free and confidential consultation, or reach us through the Contact page.
Phillips Law Firm represents FMLA matters throughout Southwest Florida, including Naples, Marco Island, Bonita Springs, Estero, Fort Myers, Cape Coral, Immokalee, and surrounding communities across Collier, Lee, Charlotte, Hendry, and Glades counties.