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Florida employers are required to comply with the federal Family and Medical Leave Act (FMLA), which allows certain eligible employees to take unpaid leave, and to be reinstated following that leave.
The Family and Medical Leave Act guarantees the right to take up to 12 weeks of unpaid, job-protected leave. During the time when you are on leave, your employers must continue your group health insurance coverage under the same terms and conditions as if you were an active working employee not on leave.
Up to 12 weeks of leave in any 12 month period, and up to 26 weeks to care for a covered service member with a serious injury or illness.
Employees must have worked for at least 1,240 hours during the 12 months prior to starting FMLA leave, and must work at a location where at least 50 employees work within 75 miles. You must also have worked for an employer for at least a year. However, the year does not need to be consecutive.
There is no Florida law that requires private sector employers to provide employees sick leave, paid or unpaid, although many employers do grant it as a popular employee benefit. It is important to remember, however, that if sick leave is promised, an employer may create a legal obligation to grant it.
Applying for FMLAThe employee's health care provider must complete a certification form that validates the employee's serious health condition or that of an immediate family member. The employee must provide this certification to the employer within 15 calendar days of receiving it.
To apply for FMLA, the employee must take an FMLA Medical Certification Form to their health care provider. This form ensures that the employee's or family member's applicable health condition is valid. After receiving the form, the employee must return it within 15 calendar days.
Reasons for Leavecare for a family member with a serious health condition. bond with a new child. handle qualifying exigencies arising out of a family member's military service, or. care for a family member who suffered a serious injury during active duty in the military.