FMLA

FMLA Attorney in Florida

Federal Leave Rights, Florida Disputes, & 25 Years on Both Sides

The Family and Medical Leave Act is a federal law granting eligible employees up to 12 weeks of unpaid, job-protected leave in a 12-month period for qualifying family and medical reasons. Florida has no separate state family leave statute, so the FMLA serves as the primary leave protection for employees across the state. When those rights are threatened, the outcome often turns on who is advising you.

Cadogan Law is a boutique employment litigation firm led by trial attorney Gina Cadogan, representing executives, professionals, and businesses throughout South Florida, including Fort Lauderdale, Plantation, and Broward County, and handling employment law claims statewide.

To discuss an FMLA matter, contact Cadogan Law at (954) 371-1607 for a free initial consultation, available in person or virtually.

FMLA Eligibility: Employees & Covered Employers

Not every employee or employer falls under the FMLA. Understanding where the thresholds sit is the first step in evaluating any leave dispute.

Employee Eligibility Requirements
An employee qualifies for FMLA leave if they have worked for a covered employer for at least 12 months, logged at least 1,250 hours during the preceding 12 months, and work at a location where the employer has 50 or more employees within 75 miles.

Covered Employers
The FMLA applies to private-sector employers with 50 or more employees in 20 or more workweeks in the current or preceding calendar year. All public agencies are covered regardless of size, as are public and private elementary and secondary schools.

Qualifying Reasons for FMLA Leave

Eligible employees may take up to 12 workweeks in a 12-month period for the birth and care of a newborn, placement of a child for adoption or foster care, care for a family member with a serious health condition, the employee’s own serious health condition, or a qualifying military exigency. Leave may be taken continuously, intermittently, or on a reduced schedule depending on the medical need.

A separate provision covers military caregiver leave. Employees caring for a covered servicemember with a serious injury or illness may take up to 26 workweeks in a single 12-month period. In all covered situations, employees who complete qualifying leave must be restored to the same position or an equivalent one upon return, with the same pay, benefits, and terms of employment.

FMLA Interference & Retaliation in Florida

Two categories of employer conduct generate most FMLA disputes. The first is interference, which occurs when an employer denies, delays, or discourages leave an employee is entitled to take. Under federal regulations, any violation of an employee’s FMLA rights constitutes unlawful interference, and employers can’t count FMLA-protected absences against an employee under a no-fault attendance policy.

The second is retaliation. When an employer terminates, demotes, or disciplines an employee because that employee requested or took FMLA leave, the adverse action can give rise to a retaliation claim. Cadogan Law helps Florida employees evaluate these situations, including cases involving denial of leave, pressure not to use it, or adverse employment actions that followed a leave request.

Enforcement & Available Remedies

The U.S. Department of Labor’s Wage and Hour Division administers and enforces the FMLA for most private-sector employees. An employee who believes their rights were violated can file a complaint with the Wage and Hour Division or bring a private lawsuit in federal or state court. Recoverable remedies in an FMLA claim may include back pay, reinstatement, and attorney’s fees.

FMLA violations sometimes intersect with other legal claims. When an employee’s leave relates to pregnancy or a disability, the same facts may support claims under Title VII or the ADA, which are administered through the Equal Employment Opportunity Commission. Related state-law claims may fall under the Florida Commission on Human Relations. Cadogan Law evaluates the full picture of an employment dispute to identify every viable avenue for the client.

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Gina Cadogan: 25 Years of Employment Litigation on Both Sides

Gina Cadogan has practiced employment law for more than 25 years. Her litigation work includes medical leave matters alongside the full range of employment disputes that reach trial. That breadth matters in FMLA cases, where the outcome often depends on anticipating how the other side will construct its defense.

Cadogan Law has represented both employees and employers in employment disputes. That dual-sided experience gives the firm an informed view of how Florida employers typically evaluate and respond to FMLA interference or retaliation claims. Combined with a big-firm litigation background and the direct, personalized attention of a boutique practice, that perspective shapes how the firm approaches each case from the start. Cadogan Law is a woman-owned firm serving clients in English and Spanish (Hablamos español).

Discuss Your FMLA Matter with Cadogan Law

Whether an employer has denied leave, retaliated following a leave request, or a business needs guidance on its FMLA obligations, the conversation starts with a free initial consultation. Virtual consultations are available for clients throughout Florida.

Contact Cadogan Law at (954) 371-1607 to schedule a free consultation with Gina Cadogan.

FMLA Compliance Guidance for Florida Employers

Mishandling FMLA obligations can expose a Florida business to federal investigations, litigation, and significant workplace disruption. Eligibility determinations, notice requirements, and the boundaries of intermittent leave create recurring compliance challenges, particularly for employers managing a large workforce or complex leave patterns.

Cadogan Law advises Florida businesses on FMLA eligibility determinations and compliance and defends employers when leave-related claims are filed. The same dual-sided experience that informs the firm’s employee representation gives it practical insight into where employer policies create exposure and how to address those vulnerabilities before they become litigation.

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