Florida FMLA And Leave Law Guidelines And Requirements

The Family & Medical Leave Act is a federal law that applies to employer organizations with 50 or more employees for 20 or more workweeks in the current or previous calendar year.

The Family & Medical Leave Act of 1993 (FMLA) does not take the place of other sources of leave, including Florida's FMLA and other state leave laws. To the extent an organization subject to the FMLA is also subject to a state leave law, it must comply with both the FMLA and the state leave law.

The challenge in coordinating compliance with federal and state law is that the state leave laws may differ from FMLA law in employee eligibility criteria, as well as the length and type of protection.

Florida's FMLA Leave Law

In addition to the rights granted by the FMLA, Florida employees have the right to take time off to handle issues relating to domestic violence.

Florida Domestic Violence Leave

Employers with at least 50 employees must allow eligible employees who are victims of domestic or sexual violence, or who have a family or household member who is a victim of domestic or sexual violence, to take up to three days off in a 12-month period to:

• Seek an injunction
• Get medical care or counseling
• Get services from a victims' rights group, shelter, or rape crisis center
• Relocate or make the home more secure, or
• Seek legal assistance

Public employees

State employees in Florida have the following leave protections under state law:

• State employees may take family medical leave for a serious family illness, including an accident, disease, or condition that poses imminent danger of death or requires hospitalization involving an organ transplant, limb amputation, or other procedure of similar severity
• Medical leave may also be taken for any mental or physical condition that requires in-home care
• Parental leave may be taken for the birth or adoption of a child
• Leave cannot exceed six months
• Employees must be allowed to use annual leave for family and medical leave
• Sick leave or family sick leave may be used for any reason deemed necessary by a doctor or by an established employer policy

Upon return from leave, employees must be reinstated to the same or an equivalent job with equivalent pay. Employees retain all seniority, retirement, fringe benefits, and other service credits accumulated prior to the leave. If any part of the leave is paid, the employee is entitled to accumulate all benefits granted under paid leave status.

In addition, the state cannot terminate an employee because of pregnancy of the employee, the employee's spouse, or adoption of a child by the employee (FL Stat. Sec. 110.221).

How To Determine Whether FMLA Guidelines Or State Guidelines Apply In Florida

Here are some guidelines if your organization is subject to both FMLA and Florida leave law:

• If an eligible employee wishes to take a leave that is covered under both the state leave law and the FMLA, then generally the leave can be run concurrently. In other words, it can be counted towards satisfying the requirements under both state and federal law simultaneously
• If an eligible employee wishes to take a leave covered under the FMLA, but not also covered under the state leave law, that leave can only count towards satisfaction of the FMLA requirements. The total amount of leave available under the state law would still be available to that employee
• If an eligible employee wishes to take a leave covered under the state leave law, but not also covered under the FMLA, that leave can only count towards satisfaction of the state leave law. The total amount of leave available under the FMLA (e.g., 12 weeks or 26 weeks) would still be available to the employee

Note: The above is excerpted from our FMLA Training & Certification Program.

Recommended Training For Florida's FMLA Requirements

From seminars to webinars to online courses, HRTrainingCenter offers a variety of FMLA compliance training courses. Here is just some of what you will learn:

• FMLA rules on who is covered - and why
• Employer posting requirements
• Intermittent FMLA leave guidelines
• Notification rules and requirements
• Tracking leave, including tips for FMLA intermittent leave
• How to identify patterns, trends, and leave abuse history
• The most common abuses of FMLA
• What needs to be included in your FMLA and ADA policies

Simply select one of our 'Recommended Courses' or use the search box to find your desired FMLA training course.

• Certificate Program In FMLA, ADA, Compliance
• FMLA Training & Certification Program
• How To Identify And Investigate FMLA Abuse
• Integrating FMLA, ADA, COBRA, And Workers' Compensation Training & Certification Program

Don't wait; order today!