Understanding FMLA Protections in Florida
The Family and Medical Leave Act (FMLA) is a federal law that applies nationwide, including in Florida. It allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period for specific medical or family-related reasons, such as a serious health condition, the birth or adoption of a child, or to care for a sick family member. During this leave, employers must maintain the employee’s group health insurance as if they were still actively working. When the leave ends, the employee has the right to return to the same or a comparable position with equivalent pay, benefits, and responsibilities.
Florida does not have a state-specific counterpart to FMLA. Therefore, Florida workers rely solely on federal protections under FMLA when taking family or medical leave. Although this means fewer layers of statutory protection, FMLA still offers significant job security during qualifying leave.
FMLA Eligibility Requirements in Florida
To qualify for FMLA leave in Florida, employees must meet specific requirements: they must have worked for their employer for at least 12 months, completed at least 1,250 hours of service during the previous 12-month period, and work at a location where the employer has at least 50 employees within a 75-mile radius. These criteria are the same nationwide, so Florida employees must meet all three to invoke FMLA protections.
It’s important to note that some workers in Florida may not qualify if they are employed by small businesses or haven’t met the time or hours requirement. In such cases, they may not be protected from job loss while on leave unless another law applies.
Can You Be Laid Off While on Protected Leave?
The FMLA provides job protection, but it does not make an employee immune from termination. An employee on FMLA leave can be lawfully laid off if the employer can demonstrate that the termination was unrelated to the leave and was based on legitimate, non-discriminatory business reasons. For example, if a company undergoes a department-wide layoff, eliminates a position due to restructuring, or terminates an employee for documented performance issues that predate the leave, the layoff may be lawful even if it occurs during FMLA leave.
However, what employers cannot do is use an employee’s FMLA leave as a reason or contributing factor for the termination. If an employer cites the leave—explicitly or implicitly—as disruptive, burdensome, or a cause of hardship to the business, that could constitute unlawful retaliation or interference under the FMLA. The employer must show that the termination decision would have occurred regardless of the leave being taken.
Florida’s Legal Framework and Additional Remedies
Although Florida does not have a state law like California, employees may still have other avenues of legal protection. For instance, if the FMLA violation overlaps with discrimination based on disability, gender, or pregnancy, employees may have claims under federal anti-discrimination laws such as the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act (PDA), or Title VII of the Civil Rights Act.
Moreover, if an employer misrepresents the reasons for termination or creates a hostile environment following a leave request, those actions may give rise to claims of wrongful termination, retaliation, or constructive discharge.
Steps to Take If You Are Laid Off While on Leave
If you are laid off while on FMLA leave—or shortly before or after—it’s essential to take proactive steps to protect your rights. Start by requesting a written explanation for the termination. Review your personnel file, past performance evaluations, and internal emails or messages that might shed light on the employer’s decision-making process. Pay close attention to whether similarly situated coworkers were also affected, or if you were singled out.
If you suspect that your FMLA leave was a factor in your termination, consult an experienced employment attorney. A lawyer can assess whether the employer’s stated reasons are legitimate or pretextual and help you pursue remedies such as reinstatement, back pay, or damages for emotional distress and lost wages.
Conclusion: Know Your Rights Under FMLA in Florida
While the FMLA provides strong protections for Florida workers, it does not guarantee absolute job security during leave. Employers may still conduct lawful layoffs and terminations—but they must be able to prove that these decisions are entirely unrelated to an employee’s protected leave. If there is any sign that your FMLA leave was a factor in your termination, you may have a valid legal claim.
If you’ve been laid off during or shortly after taking FMLA leave, or if you are planning to take leave and want to ensure your rights are protected, contact our team today. We’re here to help you understand your rights and take action if your employer has overstepped the law.
