Miami FMLA Violations Lawyer

Skilled Miami FMLA Violations Attorney

If you’ve taken time away from work because of a health condition, to care for a family member, or for another qualifying reason, you shouldn’t have to worry about losing your job. However, many employers violate their employees’ rights by retaliating when their workers request or take FMLA leave. If you’re facing adverse treatment at work because you requested leave, a Miami FMLA violations lawyer can help you understand your rights and legal options.

About the Law Offices of Gary A. Costales, P.A.

At the Law Offices of Gary A. Costales, P.A., clients benefit from the decades of legal experience and knowledge of our founding attorney, Gary A. Costales. He is not only board-certified in labor and employment law, an achievement few attorneys hold in Florida, but he is also a skilled negotiator and litigator. When Miami employees are facing illegal treatment at work, they know they can depend on our firm to protect their careers and pursue justice.

Understanding FMLA Protected Leave

The federal Family and Medical Leave Act (FMLA) generally gives qualifying employees in Miami up to 12 weeks of unpaid leave for certain medical and family issues. This leave also includes job protection. FMLA rules are also meant to protect employees from certain forms of interference and retaliation when they take leave for qualifying reasons. However, in 2025, there were 301 compliance violations that affected 342 employees nationwide.

It’s important to understand that FMLA can only be legally granted to certain employees in certain circumstances. There are specific requirements that must be met before leave is protected under federal law, and those requirements include:

• The employer must be covered by FMLA laws.
• The employee generally must have worked for the employer for at least 12 months.
• The employee generally must have worked at least 1,250 hours during the previous 12 months.
• The employee generally must work at a location where the employer has at least 50 employees within 75 miles.
• The leave must be for a qualifying reason, such as the employee’s serious health condition, caring for a qualifying family member, the birth or placement of a child, or certain military-related circumstances.

These requirements can quickly become complicated, especially when an employee’s work history, work location, or reason for leave isn’t straightforward. Our Miami FMLA violations attorney can review those details and determine whether your situation falls within the protections of federal law.

Common Examples of FMLA Interference and Retaliation in Miami

An employer doesn’t have to tell you outright that you’re being punished for taking FMLA leave for a violation to exist. Some of the most common examples of FMLA interference and retaliation in Miami include:

• Discouraging an employee from taking protected FMLA leave
• Refusing to approve a qualifying employee’s FMLA request
• Counting protected FMLA absences against a worker under an attendance policy
• Considering leave when making decisions about discipline, promotions, hiring, or other employment matters
• Manipulating an employee’s work schedule to avoid FMLA obligations
• Terminating or discriminating against a worker because they requested or took protected leave
• Retaliating against a worker who complains about an alleged FMLA violation

Our Miami FMLA violations attorney can review the circumstances to determine if FMLA laws were violated and how you can hold your employer accountable through a legal claim.

FMLA Violation Penalties and Remedies

There isn’t one fixed punishment that applies to every FMLA violation. Instead, federal law provides different forms of relief depending on what happened and what losses an employee experienced. Depending on the circumstances, some potential remedies under 29 U.S.C. § 2617(a)(1) could include:

• Lost wages or employment benefits
• Compensation for certain monetary losses
• Interest on qualifying monetary losses
• Liquidated damages that can generally equal the applicable lost wages and interest
• Reinstatement to employment
• Promotion or other appropriate equitable relief

The type and amount of available relief depend on what an employer did, what financial harm resulted, and whether the violation was willful. Our team can help connect those facts to remedies available under FMLA laws, including potential FMLA violation penalties for your employer.

FAQs

Can My Employer Require Medical Documentation for FMLA Leave in Florida?

Yes, your Florida employer can ask for medical documentation if you request FMLA leave in specific circumstances. In order to ask for medical certification, your employer has to follow all applicable FMLA procedures and laws. These include giving employees proper notice and the opportunity to provide required documents. Additionally, the information an employer requests must specifically relate to an employee’s reason for requesting leave

Can My Employer Contact My Doctor About My FMLA Request in Florida?

Potentially, yes, an employer may contact your doctor about your FMLA request. However, FMLA laws limit how that process should be handled, including who’s authorized to contact your health care provider and what information they’re allowed to request. The specific circumstances surrounding the situation matter in these types of cases, and if you believe your privacy is being violated, you should talk to a lawyer immediately.

Can I Use FMLA Leave Intermittently Instead of Taking It All at Once?

Yes, you can use FMLA leave intermittently instead of taking it all at once, so long as you’ve met all of the applicable requirements. Intermittent leave allows you to break up the leave into smaller periods so that you don’t have to be continuously away from work. Reduced-schedule leave could also be available in qualifying circumstances. Medical necessity and the applicable certification requirements can affect whether intermittent leave is protected.

Can My Employer Deny FMLA Leave Because I Haven’t Used All of My Paid Time Off?

No, your employer can’t deny your FMLA leave because you haven’t used all of your paid time off. FMLA leave is usually unpaid, but your employer might be able to require you to use available paid leave at the same time as your FMLA leave, depending on the circumstances. What matters is that you meet the requirements for FMLA protection and that your employer follows the rules for coordinating paid leave with FMLA leave.

Hire an FMLA Violations Lawyer in Miami: Local Representation Matters

When you need to hire an FMLA violations lawyer, choosing counsel who knows the Miami legal community can give you a practical advantage. At the Law Offices of Gary A. Costales, P.A., we’re based in Miami and represent employees in employment-related disputes, including matters involving federally protected leave.

Our familiarity with the Miami-Dade County Circuit and County Courts and the U.S. District Court for the Southern District of Florida, Miami Division, gives us firsthand knowledge of local court procedures. Contact us today to schedule a consultation.