Jason D. Berkowitz Details 8 Common FMLA Violations by Florida Employers
Updated
Updated · openPR · Jul 28
Jason D. Berkowitz Details 8 Common FMLA Violations by Florida Employers
1 articles · Updated · openPR · Jul 28
Summary
Eight common FMLA violations are outlined in a new guide from Miami employment attorney Jason D. Berkowitz, including leave denials, retaliation, attendance-policy penalties, missing notices and refusal to restore workers to their jobs.
Up to 12 weeks of unpaid, job-protected leave is available to eligible employees — or 26 weeks for covered servicemember caregivers — while employers must maintain group health coverage during the leave.
FMLA coverage generally applies to public agencies and private employers with 50 or more workers, while employees usually must have 12 months of service, 1,250 hours worked and a site with 50 employees within 75 miles.
Berkowitz says claims usually fall into interference or retaliation theories, and workers who prove violations may recover lost pay, benefits, interest, liquidated damages, reinstatement and attorney's fees.
Two-year filing deadlines generally apply, extending to three years for willful violations, and the guide urges workers to document leave requests, hours and post-leave job changes.