New Interpretation of FMLA Has Major Implications for Florida Labor Law


. By Charles Benson

A new interpretation of the Family and Medical Leave Act (FMLA) could have serious implications for Florida labor law.

According to the Miami Herald, South Florida companies with 50 or more employees should pay attention to the new interpretation of the FMLA that expands the rights of unpaid family leave to encompass different types of parental relationships.

Under the FMLA, workers with at least 12 months of service can take 12 weeks of unpaid leave to care for themselves or family members who are dealing with a medical condition. Employers are required to give these workers their old jobs or equivalent positions upon their return.

The new interpretation will expand the rights to less common parental relationships like an aunt or an uncle who looks after a child whose only parent is on active military duty. In addition, a grandparent who cares for a grandchild whose parents are absent will be eligible for family leave.

This interpretation of Florida employment providers will not extend to gays and lesbians who wish to care for their partners, however.


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