Orlando, FL asked in Employment Law for Florida

Q: How to resolve FMLA leave conflict with my employer in Florida?

I'm on intermittent FMLA leave and was informed it's for 2 events weekly totaling 2 days. However, I have approval from the third-party administrator for 2 events weekly, each lasting up to 3 days. I showed this approval to my manager, but they claim my days are unexcused and caution that this could lead to termination. The third-party administrator denies the limitation claimed by my manager. There is no internal process beyond discussing with the third-party. What should I do to resolve this conflict and protect my FMLA rights?

Related Topics:
1 Lawyer Answer
Mitchell Feldman
PREMIUM
Answered

A: You always have choices to escalate and request meeting with HR or management. Beyond that you can always hire and pay for a lawyer to intervene. If your rights are violated AND you suffer adverse employment action, then you should consult a lawyer as well.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.