Maternity Leave in Florida – Many people think that employers can arbitrarily fire employees who become pregnant, on the grounds that they will either miss too much work or are no longer physically able to do their jobs. In some cases, that’s actually true. However, in others, pregnant women do have legal protection against employment discrimination and unfair termination under both federal law and Florida law.
Florida does not have a state law that specifically requires employers to offer pregnancy leave. However, employers covered by the federal Pregnancy Discrimination Act (PDA) must provide the same leave benefits to women affected by pregnancy that are provided to employees with temporary disabilities (29 CFR 1604.10). The leave could be with or without pay, or not provided at all, as long as all employees are treated the same in their requests for temporary leave. The PDA covers private employers with 15 or more employees and all state and governmental agencies.
Under the FMLA, a person is allowed to take up to 12 weeks of unpaid leave from their job for certain family related reasons. Becoming a new parent does qualify as one of these reasons. This means that an employee is able to leave work for a period of time and can expect their job to be waiting for them when they return. Very few states allow for paid leave in these circumstances.
Maternity Leave in Florida FAQ’s
Am I Covered by the FMLA in Florida?
In the State of Florida workers can take medical leave if:
- they have worked for the company for at least a year
- they worked at least 1,250 hours during the previous year, and
- they work at a location with at least 50 employees within a 75-mile radius.
When Wronged by an Employer
Employers have a legal obligation to follow leave-related laws in the state of Florida. They are not allowed to cut an employee short of their allotted leave, cannot let an employee go for reasons of paternity or maternity, or otherwise discriminate based on maternity or paternity leave status. When an employer violates its duty to employees, action should most certainly be taken.
If a violation of the duty is suspected, calling upon an experienced attorney may make all of the difference in the world. These attorneys will help to ensure that parents are able to receive all the protections that Florida law bestows upon them. They will also work to protect their client’s rights and fight for everything they justly deserve under the law. Being fired or suffering under an employers grasp because of maternity or paternity leave is inexcusable and employers may be held accountable for these kinds of behaviors.
How Much Time Off Do I Get?
Remember that maternity and medical leave is quite often unpaid leave. This means you may be going without a paycheck for a while. It is important to thoroughly review insurance and company policy before taking a planned medical leave. Here in Florida workers may take up to twelve weeks off in a 1-year period. Use of medical leave is available every 12 months, as long as the employee continues to meet the eligibility requirements.
Going Back To Work
As you are nearing the end of your medical leave, it is recommended that you notify your employer of your intention to return to work. Your employer is required to return you to your former position. However, your company can also place you in an equivalent position elsewhere in the company. In either case, you must receive the equivalent terms, pay, and benefits you were receiving prior to taking leave.
If you believe a full restoration of your job has not taken place, you can contact an employment attorney for a case review by a plaintiff-side lawyer.
Finally, know your rights before take maternity leave in Florida !
- How to Take Maternity Leave in Florida: wilsonmccoylaw.com/blog/68-how-to-take-maternity-leave-in-fla
- Florida Maternity and Pregnancy: What you need to know. blr.com/Compensation/Discrimination/Maternity-and-Pregnancy-in-Florida#
- Employment law, pregnancy and maternity leave in Florida: What are your rights? : wenzelfenton.com/blog/2013/12/05/employment-law-pregnancy-and-maternity-leave-in-florida/
- Images: veraquestresearch.com
Article publié pour la première fois le 10/09/2015