5 Commons Myths Regarding FMLA and Employment Lawyers in Davie, FL

Posted by Longo Firm on May 20th, 2019

There are many state and federal laws that protect the rights of workers. Family Medical Leave Act (“FMLA”) is one such law. It’s very important that you understand it so you can exercise your right to using it correctly. Of course, you probably have never used it before and so you aren’t sure what to believe. There is a lot of misinformation out there! Here are five pieces of information you may be thinking or may have heard someone else say that are not true:

Myth #1 I will be paid my regular salary during my leave.

FMLA is a federal law that allows eligible workers 12 weeks of unpaid leave to care for themselves or a family member. You will not be paid your regular paycheck during this time. You may be thinking “Then what is the point?” You will still have your job waiting for you when your four months are over. Essentially, you are allowed to take off work to care for yourself or someone else and not be terminated.

Myth #2 I won’t be eligible.
There are only two questions to ask when determining if you are covered under FMLA.

- Have you worked for your employer for at least one year before requesting leave?
- Do you work at a location where your employer employs 50 or more employees?

If you answered yes to both of these, you work for a covered employer and are eligible for qualified FMLA leave. Employees of government agencies and public schools are eligible for FMLA leave regardless of the number of other employees in the area.

Myth #3 My health insurance won’t stay active if I take leave.
FMLA provides 12-weeks of unpaid leave to care for themselves or a family member for a “serious health condition.” This means an illness, injury, impairment, or physical or mental condition that involves an overnight stay in a hospital, hospice, or residential medical care facility or continuing treatment by a doctor for a period of more than three consecutive days. FMLA requires health insurance benefits be maintained during the leave, despite the fact that it does not require you to actually be paid. This is particularly important if your health insurance covers yourself or the family member who is seriously ill.

Myth #4 I can take leave through FMLA for anything I want.
FMLA does not offer protection for your job for any and all medical treatments or conditions. Cosmetic treatments, like plastic surgery, are not considered a serious health condition. Anything that is relatively minor and common, like the cold, the flu, earaches, upset stomach, minor ulcers, headaches, and routine dental exams, are examples of conditions that do not meet the definition of a serious health condition and would not qualify you for this leave either.

Myth #5 If I’m eligible, they cannot say no.
Well...yes and no. It is important to realize that there are a few things you must do in order to maintain your leave’s eligibility. If you knew of the need for leave before it was to begin, you are required to give your employer as much advance notice as possible. For example, you cannot tell your employer you are eight months pregnant and your maternity leave begins tomorrow!

If you now know that you are eligible, and yet your employer has said no, it is time to bring in employment lawyers in Davie, FL to tell them they need the law. As well, if you feel you’re confused about providing proper notice to your employer, this is the next step for you as well. Davie employment law lawyers will be on your side to ensure you get the time off you need.