Miami Employment Attorney Jason D. Berkowitz Explains Common FMLA Violations by Employers in Florida

MIAMI, FL - Employees who take job-protected leave under the Family and Medical Leave Act may face interference, denial, or retaliation from their employers, often without realizing that such conduct violates federal law. Miami employment attorney Jason D. Berkowitz of BT Law Group, PLLC (https://btattorneys.com/fmla-violations-by-employers-florida/) has released a comprehensive guide outlining the eight most common FMLA violations, the difference between interference and retaliation claims, and the remedies available to affected workers under federal law.

The Family and Medical Leave Act entitles eligible employees to take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons, including the birth of a child, caring for a family member with a serious health condition, or an employee's own serious health condition. According to Miami employment attorney Jason D. Berkowitz, eligible employees who serve as caregivers for a covered servicemember may take up to 26 workweeks in a single 12-month period. The law also requires employers to maintain group health insurance coverage during the leave period under the same terms as if the employee had continued working.

Miami employment attorney Jason D. Berkowitz notes that the FMLA applies to all public agencies and to private-sector employers that employed 50 or more employees in 20 or more workweeks in the current or preceding calendar year. To qualify for leave, an employee must generally have worked for the employer for at least 12 months, worked at least 1,250 hours during the preceding 12 months, and work at a location where the employer has at least 50 employees within a 75-mile radius. "Employer coverage and employee eligibility are separate questions," Berkowitz explains. "Both should be reviewed carefully before determining whether the FMLA applies to a specific leave request."

The guide identifies eight categories of prohibited employer conduct. These include refusing to authorize leave for an eligible employee, retaliating against workers who request or use leave, counting FMLA-protected absences under no-fault attendance policies, and discouraging employees from exercising their leave rights. Berkowitz also points to employers who manipulate work hours to keep employees below the 1,250-hour threshold, use leave history as a negative factor in employment decisions, fail to provide required FMLA notices, and deny job restoration to employees returning from leave.

Attorney Berkowitz emphasizes that FMLA claims generally fall into two legal theories. "Interference claims focus on whether the employer denied an FMLA benefit, regardless of intent," he says. "Retaliation claims focus on whether the employer punished the employee for exercising FMLA rights. Many cases involve both theories at the same time." Under 29 U.S.C. 2615(a)(1), interference does not require proof of the employer's intent, while retaliation claims in the Eleventh Circuit are often evaluated under the McDonnell Douglas burden-shifting framework when based on circumstantial evidence.

On the question of termination, Berkowitz notes that Florida's at-will employment doctrine does not override federal protections. An employer may not fire a worker for requesting or taking protected leave, though the FMLA does not grant absolute immunity from termination. "The central question is whether the employee would have been terminated regardless of the FMLA leave," Berkowitz observes. "When the timing, documentation, or circumstances suggest that the leave was a factor, the employee may have grounds for a claim."

Under 29 U.S.C. 2617, employees who prove an FMLA violation may recover lost wages, benefits, and other compensation, actual monetary losses, interest, liquidated damages equal to the recoverable losses, reinstatement or other equitable relief, and reasonable attorney's fees and costs. Attorney Anisley Tarragona of BT Law Group adds that punitive damages are not available under the FMLA, but liquidated damages may significantly increase recovery unless the employer proves it acted in good faith with reasonable grounds to believe its conduct was lawful.

Berkowitz advises that strict deadlines apply to these claims. The statute of limitations under 29 U.S.C. 2617(c) is generally two years from the date of the last violation, or three years if the employer's conduct was willful. He encourages employees to document their leave requests in writing, retain copies of medical certifications and employer communications, track their hours, and record any changes to their position upon returning to work. Employees may pursue relief through an administrative complaint with the U.S. Department of Labor's Wage and Hour Division or through a private lawsuit in federal or state court.

The firm represents workers throughout Miami-Dade County, Broward County, and across South Florida. Berkowitz points out that employees do not need to use the term "FMLA" when first requesting leave for a qualifying reason, but must provide enough information for the employer to recognize that the leave may qualify.

For those who believe their employer denied protected leave, retaliated against them, or failed to restore their position after leave, consulting an experienced employment attorney promptly may help protect their rights and preserve their ability to file within the applicable limitations period.

About BT Law Group, PLLC:

BT Law Group, PLLC is a Miami-based labor and employment law firm representing workers in disputes involving FMLA violations, wrongful termination, discrimination, retaliation, harassment, and wage and hour matters. Led by attorneys Jason D. Berkowitz and Anisley Tarragona, the firm serves employees throughout Miami-Dade County, Broward County, and across Florida, including Spanish-speaking clients. The office is located at 3050 Biscayne Blvd STE 205, Miami, FL 33137. For consultations, call (305) 507-8506.

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