Medical Leave Act

Miami, Florida FMLA Lawyer

Looking for a FMLA Lawyer in Florida to file a claim hassle free? The employment lawyers at the Law Office of Garcia Hernandez, P.A. are experienced in dealing with FMLA violation related cases. It is not uncommon for employers to intimidate workers into giving up their rights to medical leave and family. We fight for their rights and win.

FMLA – An Overview

FMLA is the Family and Medical Leave Act of 1993. Employees are entitled to certain rights under the FMLA of 1993. Are you aware of the rights you have under this act?

Read more to find out more about it. Also call us for detailed information.

FMLA – FAMILY AND MEDICAL LEAVE ACT FORMS AND DESCRIPTIONS

FMLA facilitates most of the employees meeting specific eligibility requirements to take a leave of absence from work. The leave is mainly taken for a variety of health and family related reasons. The care also includes childbirth and the primary care of a newborn. Health insurance plan coverage for employee continues throughout the period of absence. Leave of absence is usually without pay.

WH-380-E Form

This is Health Care Provider Certification Form (Employee) and acts as a doctor’s note to get benefits of the rights provided by FMLA. Employee fills out the top section. The rest is filled out by the medical practitioner.

WH-380-F Form

This is Health Care Provider Certification Form (Family Member) used for a leave of absence to care for a family member. The document is primarily directed towards a medical practitioner.

WH-381 Form

This is Notice of Eligibility and Rights & Responsibility Form given to an employee by an employer. The form provides instructions to an employee (eligible for FMLA) if and when he/she requests for a leave of absence. The employer fills this form out and notifies the employee about his/her eligibility for benefits. Requirement for any additional documentation is mentioned within the instructions.

WH-382 Form

This is a Designation Notice Form given to an employee by the employer. It notifies approval or disapproval of FMLA application. In the event of denial of FMLA rights, this form provides the employee with the reason.

WH-384 Form

This is a certification of qualifying exigency for military leave form filled for showing requirement for leave of absence owing to military requirements of a family member. Usually filled out by the employee, this form also contains a smaller portion at the top to be filled out by the employer.

WH-385 Member Form

This form is a certification for serious injury or illness of covered service. The form is used if the family member serving in the Armed Services becomes seriously injured or ill while on active duty. Mainly filled by the employee, this form also has a small section for employer at the top.

Get in Touch with an Experienced FMLA Lawyer

The attorneys at the Law Office of Garcia Hernandez, P.A. are committed to fight for the rights of employee and win. So if you feel you have been discriminated against or wrongfully terminated (as per the FMLA), then call us and schedule your free initial consultation.