Florida Estate Planning Lawyer Blog

The Department of Labor has released proposed revisions to the Family and Medical Leave Act regulations. If adopted, the changes would significantly alter the current FMLA procedures. The proposals were prompted by continued tension between employers and employees concerning intermittent leave and the Supreme Court's 2002 Ragsdale v. Wolverine Worldwide Inc. ruling, which invalidated a DOL regulation that penalized employers for failure to comply with the technical employee notice provisions of the FMLA regulations.

Coverage Issues

-Some Professional Employer Organizations (PEO's) Not Considered Joint Employers
-Count Employee Prior Service in Determining Eligibility for Leave
-Employees May Continue to "Grow" Into FMLA Leave
-Location of Work site Determined for Long-Term "Joint Employees"
-Common Ailments May be Serious Health Conditions
-Male Employees Protected When Attending Prenatal Appointments With Spouses
-Chronic Conditions Requiring "Self-Treatment" Remain Covered
-Physician Assistants Qualify as Health Care Providers

Employee Leave Entitlements

-Count Holidays When FMLA is Taken in Full-Week Increments
-Employees Seeking Intermittent Leave Must Make "Reasonable Efforts" Not to Disrupt Unduly the Employer's Operations
-No Change to Minimum Increment of Intermittent Leave Rule
-Inability to Work Overtime Protected by FMLA
-Numerous Aspects of "Substitution Rules" Clarified

-Employers may run paid leave concurrently with unpaid FMLA
-Employers must notify employees of paid leave requirements at time of leave
-Employers and employees may mutually agree to supplement disability benefits through use of paid leave
-Employers need not accept less than the FMLA required certifications even when paid leave is substituted
-Employees may continue to decline offers of light duty

-Public Employers May Substitute Compensatory Time for Unpaid FMLA time
-Employers May Consider Attendance Goals in Determining Bonuses and Other Incentive Rewards
-Employers May be Liable for Actual Monetary Losses and other Equitable Relief For Harm -Caused by Interference with FMLA Rights
-Time Spent Performing Light Duty Does Not Count Towards FMLA Entitlement
-Employees May Voluntarily Agree to Settle Past FMLA Claims Without First Obtaining Approval from the DOL or a Court

Employers and employees now have 60 days, until April 11, 2008, to consider and comment on the proposed changes. For a more detailed analysis of this issue please see this article.

In Florida, what happens if you receive an offer for a job, quit your present job and then find out that your new job is no longer being offered to you?

Depending on the offer, you may have a breach of contract claim, fraud in the inducement, or promissory estoppel. Unfortunately, this type of behavior happens frequently in Florida and other states. If you have the offer in writing, you are in a better position. You may ask a Florida Employment Lawyer negotiate with the issues with the employer. It is possible to ask them to live up to their commitment or pay some severance to tide you over.

In the meantime, do contact the old employer and see if they will take you back. Sometimes they don't want you back, but many employers understand and welcome a good employee back into the company.

In addition there may be other factors, such as discrimination, that come into play. If it turns out the job was really open after all, and they hired someone of a different race, age, sex, religion, national origin, etc., you may have a discrimination claim.

If you are be affected by this type of behavior or want to put policies in place in your business to help prevent these actions please contact a Jacksonville Employment Lawyer.

Often I am asked about wrongful termination by Florida Employees. While in some states a company must have cause to fire you, Florida is not one of those states. Florida is an at-will employment state. This means that an employer may fire, demote, hire, promote, and discipline employees for almost any reason or no reason at all.

This does not mean that you have no rights or protections from a wrongful termination in Florida.
You may ask yourself the following questions:

Did my supervisors make comments that indicated bias?
Did your boss or supervisor make racial or sexual jokes?
Did your supervisor indicate that you were too old, or require you to work on religious holidays?
Did they make comments about your disability?
Were you treated differently than others in the same situation. Perhaps people of a different race, sex, religion, national origin, age, or other protected status were treated differently under the same circumstances?

These types of comments can be evidence of discrimination and could lead to a claim under Florida Law.

You may ask yourself why was I really fired? If you made a worker's compensation claim or reported the business for a violation and were fired shortly after, it can be an indication that you were fired in retaliation for making the claims or reports. These could lead to a whistle blower claim.

Is your employer saying false things or statements to others about you? If you can prove they are making statements that are false you may be able to sue for defamation. To create policies to protect your company from suits or if you believe your employer has violated your rights you should contact a Florida Business Lawyer.