Losing a job after you take time off because you were sick or needed to care for a family member can feel especially unfair. In situations involving wrongful termination for sick leave in Tampa, our wrongful dismissal attorneys could advise whether your employer violated state or federal protections.
In some situations, employers have broad discretion over employment decisions, but in others, federal laws provide clear protections. At Feldman Legal Group, our Mitchell Feldman and our lawyers work with employees to evaluate their claims and determine what to do next.
Understanding Medical Leave Legal Protections for Employees
Many situations of unlawful firing in Tampa involve the Family and Medical Leave Act (FMLA), which allows employees to take up to 12 weeks of sick leave during a 12-month period if a qualifying reason applies. Examples of qualifying situations include:
- Giving birth or adopting
- Certain circumstances related to military service
- A serious medical condition that interferes with your job
- Caring for your spouse, child, or parent with a serious health issue
Your employer must generally allow you to return to your previous position or a comparable one once the leave period ends. It is unlawful for your employer to retaliate against you for utilizing FMLA leave or attempt to discourage it.
Eligibility for FMLA typically requires working for a covered employer with at least 50 employees within 75 miles, at least 12 months of employment, and at least 1,250 hours worked during the previous year. A lawyer from our firm could review the details of your case to determine whether you are eligible and if your employer is required to provide such benefits.
When May Sick Leave Termination Be Illegal?
Even though Florida is an at-will employment state, some situations involving termination in the Tampa area may violate federal employment laws if you were on sick leave. For example, termination may be unlawful in situations including:
- Your employer approved FMLA leave but fired you for taking it
- Your employer discouraged or interfered with your request for protected leave
- The termination was retaliation for asserting your legal rights under the FMLA
- Your employer failed to restore you to an equivalent position after protected leave
The Americans with Disabilities Act (ADA) may also apply in certain cases because it requires some employers to provide reasonable accommodations to qualified employees with disabilities. Medical leave may qualify as a reasonable accommodation depending on the circumstances.
Supporting Evidence for a Sick Leave Termination Claim
Cases in Tampa involving wrongful termination frequently depend on documentation and timelines of the related medical leave. Preserving records is important when you suspect retaliation or unlawful termination. Evidence that could help support your claim includes:
- Performance reviews or disciplinary records
- Emails or written communication about leave requests
- Employer policies regarding sick leave or FMLA leave
- Medical certification forms submitted to your employer
- Termination notices or explanations from your employer
The timing of a termination could also be relevant, as it may raise questions about your employer’s motives if they fired you shortly after you requested or took protected leave.
Contact Our Tampa Attorney if You Were Fired Unlawfully After Taking Medical Leave
Laws such as the FMLA and ADA provide important protections in certain situations where you were terminated after taking medical leave, but those protections depend on eligibility requirements and the specific facts of your situation.
Rather than accepting inadequate settlements, Mitchell Feldman takes a results-oriented approach and is prepared to litigate cases when necessary to achieve the best outcome. If you believe you may have experienced wrongful termination for sick leave in Tampa, call us at Feldman Legal Group to discuss your case.
(877) 946-8293