Family Medical Leave Act

Family & Medical Leave Act (FMLA) Lawyer in Tampa, FL

Employment-Law-Only Representation for Tampa Workers Whose FMLA Rights Have Been Violated

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees up to 12 workweeks of unpaid, job-protected leave per year. Covered employers must maintain group health benefits during that leave under the same terms as if the employee were still working, and employees have the right to return to the same position or an equivalent position with equal pay and benefits. When employers interfere with those rights or retaliate against workers who exercise them, Lee Law is ready to act.

Lee Law represents Tampa workers whose FMLA rights have been violated. Attorney Kyle Lee has devoted his career to employment law and personally handles every FMLA case the firm takes. Lee Law practices employment law exclusively. Clients have direct access to Attorney Lee from the initial consultation through resolution.

Tampa employees who believe their FMLA rights have been violated should contact Lee Law for a free consultation. Call (813) 730-5575 to speak directly with Attorney Kyle Lee.

FMLA Eligibility: Who Qualifies & Which Employers Must Comply

Not every employee or employer is covered by the FMLA, and knowing where you fall matters before pursuing a claim. The three core employee eligibility requirements are:

  • The employee must have worked for the employer for at least 12 months
  • The employee must have logged at least 1,250 hours of service in the 12 months before leave begins
  • The employee’s worksite must have 50 or more employees within a 75-mile radius

On the employer side, the FMLA covers private-sector employers with 50 or more employees for at least 20 workweeks in the current or preceding calendar year. All public agencies and public and private elementary and secondary schools are covered regardless of size.

Leave may be taken all at once or intermittently, depending on the qualifying reason. Qualifying reasons include the birth or placement of a child, caring for a spouse, child, or parent with a serious health condition, the employee’s own serious health condition, and qualifying military exigencies. Military caregiver leave can extend to 26 workweeks in a single 12-month period when caring for a covered servicemember with a serious injury or illness.

FMLA Interference & Retaliation in the Tampa Workplace

FMLA violations fall into two categories: interference and retaliation. Employers can’t interfere with, restrain, or deny an employee’s exercise of FMLA rights, and they can’t take adverse action against an employee for exercising those rights.

Interference can look like outright denial of a leave request, demands for documentation beyond what the FMLA permits, or pressure to return from leave early. An employer who counts FMLA-qualifying absences against an employee under an attendance policy may be violating the law, as may an employer who requires an employee to perform work duties during approved FMLA leave.

Retaliation covers a wider range of employer conduct:

  • Termination following a request for or return from FMLA leave
  • Demotion or reassignment to a less desirable position
  • Reduction in hours or pay tied to FMLA use
  • Negative performance reviews that reference FMLA absences
  • Refusal to reinstate the employee to the same or an equivalent position

To establish FMLA retaliation, an employee must show that protected activity occurred, that the employer took an adverse action, and that a causal connection exists between the two. If any of these situations describe what happened at your workplace, the facts of your case deserve a careful legal review.

What Tampa Employees Can Recover & How Long They Have to File

An employee who prevails in an FMLA lawsuit can recover meaningful relief. Available remedies include lost wages and benefits, interest, and liquidated damages in an equal amount (unless the employer can demonstrate it acted in good faith). Attorney fees and costs are also recoverable, which is one reason the no-fee arrangement at Lee Law carries real weight: when the firm achieves a successful outcome, fees come from the employer, not the client.

The statute of limitations for an FMLA civil action is two years from the date of the violation. If the employer’s violation was willful, that deadline extends to three years. Waiting can diminish both evidence and options. The U.S. Department of Labor’s Wage and Hour Division enforces the FMLA and maintains a Tampa District Office where employees may file administrative complaints. Employees may also file a civil lawsuit directly in federal court against a covered employer.

Why Tampa Workers Bring Their FMLA Claims to Lee Law

Attorney Kyle Lee has represented clients in over 175 federal lawsuits since 2015 and is admitted to practice in all Florida State Courts and in the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida. That federal courtroom record informs FMLA work, where disputes frequently land in federal court. Before founding Lee Law, Attorney Lee worked at large law firms representing Tampa employers in employment disputes. He knows the arguments employers make and the strategies they deploy, and he now puts that knowledge to work for workers.

Lee Law practices employment law exclusively, so the knowledge and courtroom instincts developed across one case carry into the next. Attorney Lee has earned Top 40 Under 40 recognition from both the National Black Lawyers and the American Society of Legal Advocates. The firm collects no fees unless the client achieves a successful outcome, so Tampa workers can pursue legitimate FMLA claims without worrying about upfront legal costs.

Contact an FMLA Lawyer in Tampa for a Free Consultation

FMLA claims are subject to a two-year filing deadline, and evidence can become harder to preserve as time passes. Tampa workers who believe their employer interfered with their leave rights or retaliated against them for taking protected leave shouldn’t wait to get legal advice.

Call (813) 730-5575 to schedule a free consultation with Attorney Kyle Lee. Lee Law handles FMLA cases for Tampa employees and is available to review your situation today.

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