Legal Question in Medical Leave in Florida

Medical Family Leave Act

Upon return to work from medical family leave, can an employer lay you off the same day you return to work?


Asked on 5/07/09, 7:34 am

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Medical Family Leave Act

No, not for taking leave, but whether the layoff was legal is very fact intensive, so see an employment lawyer that specializes in this type of work.

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Answered on 5/11/09, 8:32 am
Matthew Sarelson Sarelson & Shafir LLP

Re: Medical Family Leave Act

Generally no but its a fact intensive analysis. My firm handles FMLA cases regularly (in fact we have a major FMLA case right now pending in federal court where my client was fired upon returning from FMLA leave, very similar to your situation).

Please email me at [email protected] and we can discuss your situation further. We would be very interested in representing you.

Best, Matthew

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Answered on 5/07/09, 7:51 am


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