Legal Question in Medical Leave in Florida

Re: maternity leave

If you have worked for at least 1250 hours in the 12 months immediately preceding the start of the leave, and the company has more than 50 employees at your location (or within a 75 mile radius), then the company is covered by the FMLA and you are entitled to FMLA protection. That means, with very limited exceptions for "key employees" (the most important employees who are hard to do without or replace), that you are entitled to take up to 12 weeks leave and then come back to your job or a virtually identical one, unless the job would have been discontinued or you would have been laid off or fired anyway, for other reasons, whether or not you took leave.

You could discuss the FMLA protection with your company (it is not necessary to specifically name the FMLA, just let them know you need leave which you already did - they are supposed to know if the FMLA applies), and see if they come around. If they do not reinstate you after the leave, you can file a complaint for free with the DOL (see dol.gov), or sue in federal court (expensive and should only be a last resort), or you could contact an attorney to deal with the company (but that is expensive too).

In advance, you could have an attorney call the company and try to get them to understand their legal obligations, if they do not come around when you speak to them.

If they do not reinstate you or give you an identical job, you could sue not only under the FMLA but also under the Pregnancy Discrimination Act and Florida state anti-discrimination laws.

Congratulations on the pregnancy and good luck!

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.

Re: materity leave

This is a classic example of gender discrimination which violated Title VII of the Civil Rights Act. You cannot be retaliated against for lawfully taking FMLA leave due to pregnancy. I recommend speaking to an employment law attorney immediately.

Re: materity leave

This is a classic example of gender discrimination which violated Title VII of the Civil Rights Act. You cannot be retaliated against for lawfully taking FMLA leave due to pregnancy. I recommend speaking to an employment law attorney immediately.