Author Archives: Jay Butchko
Can My Employer Give Me a Different Job When I Return from FMLA Leave?
When you go through the steps of determining whether your employer is covered for purposes of taking leave under the Family and Medical Leave Act (FMLA), you take time to determine your eligibility and to properly request FMLA leave through your employer, you should be able to expect that you can return to your… Read More »
Can My Employer Contact Me During My FMLA Leave?
The Family and Medical Leave Act (FMLA) is a federal law that permits covered employees to take up to 12 weeks of unpaid job-protected leave in a calendar year for purposes that include caring for a newborn or newly placed foster or adopted child, as well as caring for their own serious health condition… Read More »
When is Sexual Harassment Perpetrated by Clients and Customers Unlawful?
Sexual harassment in South Florida workplaces is often perpetrated by employers and by co-workers in various types of jobs, but at the same time, clients and customers can also make comments or engage in behaviors that seem to rise to the level of sexual harassment. If you are being harassed at work by a… Read More »
What is the Process for Proving Unlawful Employment Discrimination?
If you have experienced unlawful employment discrimination as a job applicant or in your current place of employment, it is important to understand the process you will need to go through in order to win your claim. Most types of employment discrimination claims will not begin with a lawsuit but instead will begin with… Read More »
What is a Bona Fide Occupational Qualification?
Employees in South Florida should know that they are protected against various forms of employment discrimination under a range of federal laws, and under the Florida Civil Rights Act (FCRA). To be clear, both job applicants and employees who are covered by these laws cannot face discrimination on the basis of race, sex, religion,… Read More »
Can I Be Fired for Taking Maternity Leave?
Employees in Florida who become pregnant and take maternity leave should be able to expect that they can return to their jobs, in the same position and at the same rate of pay, if they qualified for FMLA leave or otherwise used sick or leave time available through the terms of their employment. However,… Read More »
Does Florida Have Paternity Leave?
Some states have parental leave laws that permit parents of a newborn, or of a newly placed foster child or adopted child, to take time away from work to care for and to bond with their new family member. Depending on the state, some of these laws provide for paid parental leave or family… Read More »
Can At-Will Employees File Wrongful Termination Claims?
Many employees in Palm Beach Gardens and throughout South Florida are at-will employees. What this means is that these employees do not have an employment contract with their employer that governs the terms of their employment. Rather, they can be fired at any time by their employer for almost any reason, and they can… Read More »
FMLA Leave and Airline Employees
The federal Family and Medical Leave Act (FMLA) provides a range of employees in South Florida with the ability to take up to 12 weeks of job-protected unpaid leave for various circumstances related to health and family. Eligibility for FMLA leave is based on two overarching prongs or factors: whether an employer is covered,… Read More »
What Counts as a Serious Health Condition for FMLA Leave?
When you are considering taking leave under the federal Family and Medical Leave Act (FMLA), it will be important to determine your eligibility for leave before making plans to be away from work. Generally speaking, in order to be eligible for FMLA leave, you must first work for a covered employer. Covered employers include… Read More »