How to Apply for FMLA in Florida: Key Steps and Rights
Learn how to apply for FMLA in Florida, including eligibility requirements, application steps, benefits, and protections under state and federal laws. 5 min read updated on February 10, 2025
Key Takeaways:
- FMLA in Florida provides eligible employees with up to 12 weeks of unpaid, job-protected leave for specified medical and family needs, including adoption and military caregiving.
- Eligibility requires working for a covered employer, meeting service hours, and proximity rules.
- Employers must respond to leave requests within specified timelines and provide notification forms.
- Florida state law complements FMLA with additional leave for victims of domestic violence.
- Violations of FMLA can result in legal actions, including compensation for lost wages or denied benefits.
What Is Florida FMLA?
Florida FMLA is the abbreviated term for the Family and Medical Leave Act and the specifics of the act relevant in the state of Florida. FMLA covers all states including Florida and provides up to 12 weeks of job-protected leave for specified reasons, including medical and family needs. This unpaid leave also provides up to 26 weeks of Service Member family leave.
Eligibility Requirements for FMLA in Florida
To qualify for FMLA in Florida, employees must:
- Work for a covered employer (private employers with 50 or more employees, public agencies, or schools).
- Have worked at least 1,250 hours over the previous 12 months.
- Be employed at a location where the employer has at least 50 employees within 75 miles.
Eligible leave reasons include:
- A serious health condition affecting the employee.
- Birth or placement of a child.
- Caring for a spouse, parent, or child with a serious health condition.
- Qualifying emergencies related to a family member’s military service.
Why Is FMLA in Florida Important?
FMLA in Florida protects employees from losing benefits and their current position if they need to take leave for medical reasons or to care for a family member. The employee must provide medical verification or certification that their presence is necessary to be eligible for leave. Some specific instances include the following:
- Foster Care Placement of a Child
- Care of Newborn Child Born to Spouse
- Adoption
Benefits of FMLA Leave
FMLA provides significant protections for employees, including:
- Job Security: Employees are entitled to return to their original or an equivalent position.
- Continued Health Insurance: Group health benefits are maintained during the leave under the same terms as active employment.
- Work-Life Balance: Employees can address critical family or medical issues without risking their employment.
Applying for FMLA
The employee's health care provider must complete a certification form that validates the employee's serious health condition or that of an immediate family member. The employee must provide this certification to the employer within 15 calendar days of receiving it.
Employers must return the FMLA notification form to the employee within two days of receiving the FMLA request.
An employee must prove they have a serious medical condition which involves continuous treatment or inpatient care verified by a health care provider. The health care provider must include the employee's position and description on the FMLA paperwork. A second or even third opinion may be requested by the employer. If a third opinion is necessary, the third medical professional must be agreed upon by both the employee and employer. Certification may also be requested during the leave or before returning to work.
Employees must provide advance leave notice to their employers as well as any medical certifications. Taking leave can be denied under the following conditions:
- If the leave is foreseeable and the employee does not give 30 days advance notice, leave can be denied.
- Employers can deny a request when the employee doesn't offer proper medical certification or does not get second or third opinions if requested. Third medical opinions must be paid for by the employer.
- Employees can be denied the opportunity to return to work if they don't submit a fitness for duty report.
Steps for How to Apply for FMLA in Florida
- Confirm Eligibility: Verify eligibility by reviewing your employment history and employer size.
- Notify Your Employer: Provide your employer with 30 days’ notice for foreseeable leave or as much notice as possible for emergencies.
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Submit Required Forms: Obtain FMLA certification forms from your employer or online, and have them completed by a healthcare provider. Key forms include:
- WH-380-E: Certification for Employee’s Serious Health Condition.
- WH-380-F: Certification for Family Member’s Serious Health Condition.
- Await Employer Decision: Employers must respond to requests within five business days. Additional documentation may be required for approval.
- Maintain Communication: Keep your employer updated about your leave duration and any changes to your situation.
Legal Implications of Florida FMLA
The U.S. Department of Labor typically investigates and resolves complaints against employers for FMLA violations. Employees may take civil action for violations. Any Florida state law prohibiting discrimination is not affected by FMLA. Furthermore, FMLA does not affect federal, state, or local laws that provide greater leave rights.
If an employer violates FMLA, the following remedies are provided, limited to 12 weeks:
- Wages
- Employment Benefits
- Denied or Lost Compensation
- Actual Monetary Loss
- Other Damages
- Attorney Fees
- Expert Witness Fees
Employer Obligations and Employee Rights
Employers must:
- Inform employees about FMLA rights and responsibilities.
- Provide necessary forms and process requests promptly.
- Protect the employee’s position and benefits during leave.
Employees have the right to file complaints with the U.S. Department of Labor or take legal action if their FMLA rights are violated.
Florida Domestic Violence Leave
When an employer has at least 50 employees, the employer must allow eligible employees to take three days in a 12-month period as victims of domestic or sexual violence. Employees are also eligible for leave if a family member is a victim of domestic or sexual violence.
This leave provides for the victim or family member of the victim to take leave to do the following:
- Seek an injunction
- Receive medical care or counseling
- Receive services from a rights group, rape crisis center, or shelter
- Relocate or secure the current home
- Seek or obtain legal assistance
Interplay Between State and Federal Leave Laws
Florida’s Domestic Violence Leave complements FMLA by offering three days of leave for eligible employees in cases of domestic or sexual violence. While FMLA applies federally, state laws like this enhance employee protections, ensuring broader rights in specific circumstances.
FAQ Section
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What are the eligibility requirements for FMLA in Florida?
You must work for a covered employer, have 1,250 hours of service in the past 12 months, and meet the 75-mile location rule. -
How do I apply for FMLA in Florida?
Notify your employer, complete certification forms with your healthcare provider, and submit them for approval. -
What is Florida’s Domestic Violence Leave?
Florida allows eligible employees three days of leave per year for domestic or sexual violence-related matters, complementing FMLA protections. -
Can my employer deny my FMLA request?
Employers can deny leave if you fail to meet eligibility criteria, provide medical certification, or give adequate notice for foreseeable leave. -
What legal recourse is available for FMLA violations?
You can file a complaint with the U.S. Department of Labor or pursue legal action for compensation and damages.
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