Do you know your rights when it comes to parental leave in the workplace? Many Florida employees qualify for unpaid leave under federal law, and some state workers also receive paid parental leave benefits. However, not all employers follow the rules, making it harder for some workers to request time off after childbirth or adoption.
A lawyer from Cruz Law Firm, P.A. can review your situation, explain your options, and help you take legal action if your employer has denied your parental leave rights. Contact us today to schedule an initial consultation and get the answers you need.
What Is Paid Parental Leave?
Paid parental leave allows eligible employees to take time off work after a child’s birth, adoption, or foster care placement while still receiving pay. Florida does not require private employers to offer paid parental leave, though some provide it as a benefit. Federal protections under the Family and Medical Leave Act (FMLA) guarantee certain employees up to 12 weeks of unpaid, job-protected leave as new parents.
Florida state employees with at least one year of service can receive up to seven weeks of paid maternity leave and two weeks of paid parental leave. The federal government also provides up to 12 weeks of paid parental leave to eligible federal employees under the Federal Employee Paid Leave Act (FEPLA).
Parental Leave Rights Under State and Federal Laws
Florida does not have a general law requiring private employers to provide parental leave. However, state and federal laws give some workers the right to take time off after having or adopting a child.
The FMLA gives eligible employees up to 12 weeks of unpaid, job-protected leave each year. Employees only qualify if they:
- Have worked for their employer for at least 12 months
- Have worked at least 1,250 hours in the past year
- Work for employers with at least 50 employees within a 75-mile radius
Employers must continue providing health insurance during FMLA leave. When the leave ends, employees have the right to return to the same or an equivalent job.
Florida’s maternity and paternity leave laws provide additional benefits for state employees. Eligible employees working for the state can take seven weeks of paid maternity leave after giving birth and two weeks of paid parental leave to bond with a new child. This applies to Career Service (CS), Selected Exempt Service (SES), and Senior Management Service (SMS) employees. These employees must have worked for at least one cumulative year in the past seven years and 1,250 hours in the 12 months before they take leave. Florida law also allows state employees to take up to six months of unpaid parental leave after a birth or adoption.
Employees should check their workplace leave policies to learn about their options. If you have been denied parental leave but believe you qualify, you can file a complaint with the U.S. Department of Labor (DOL).
How Much Paid Parental Leave Can You Take?
Private employers are not required to provide paid parental leave in Florida. If your employer offers this benefit, you should check their paid parental leave policy to determine how much you can take.
If you are a qualifying state employee in Florida, you can take up to seven weeks of paid maternity leave for recovery after childbirth. Both parents can take two weeks of paid parental leave to bond with a new child within the first 12 months of birth or adoption. State employees can also combine paid and unpaid leave, but total parental leave cannot exceed six months in one year.
Employer Responsibilities & Compliance with Parental Leave Laws
Employers covered by the FMLA must allow eligible employees to take up to 12 weeks of unpaid, job-protected leave for childbirth, adoption, or new child bonding. They must continue health insurance coverage and restore employees to the same or equivalent positions after leave.
Florida state agencies must provide paid parental leave to eligible employees. Private employers do not have to offer paid leave, but they must follow FMLA rules if they meet coverage requirements. Employers cannot retaliate against employees for taking FMLA leave. If you believe your employer has violated your right to parental leave, you should consult a Florida employment law attorney to discuss your legal options.
Common Challenges in Accessing Paid Parental Leave
Many Florida employees are not entitled to paid leave because state law does not require it. Even when paid leave is available, employees often encounter roadblocks when trying to take it after childbirth or adoption. Common challenges in accessing paid parental leave in Florida include:
- Strict eligibility requirements – Many workplace policies have strict eligibility requirements that you must meet to access paid leave when it’s available. For example, employers who offer paid leave might require employees to be with the company for a certain period or work a minimum number of hours to qualify. New or part-time employees might not meet these requirements.
- Fear of workplace retaliation – Some employees worry about negative consequences if they take parental leave. Employers might subtly discourage workers from using their benefits or make them feel that taking leave could hurt their careers. Employees might fear losing promotions, missing important projects, or being treated differently after returning if they take leave.
- Limited flexibility for parental leave scheduling – Some workers might want to take parental leave at different times or split it into smaller periods. While the FMLA allows some flexibility, many employers prefer workers to take leave all at once. Employees wanting to spread their time off to adjust to their new responsibilities might not have that option.
- Pressure to return to work early – Some employers expect employees to cut their leave short, even if policies allow longer absences. Managers might pressure workers to return by suggesting that their positions could be in jeopardy or their teams couldn’t function without them. This can make it difficult to take the full time needed to recover and care for children.
Protecting Your Parental Leave Rights: Legal Support & Next Steps
If you have questions about your parental leave rights or believe your employer has violated the law, Cruz Law Firm, P.A. can help. With nearly 20 years of combined legal experience and over $15 million recovered for our deserving clients, we have what it takes to fight for justice. As one of our satisfied clients says, “If you’re looking for a great attorney, who is extremely knowledgeable and will fight hard for you, look no further!”
Protecting your job and financial stability starts with understanding what the law allows. Our team can explain your rights and what we can do to protect them. Contact Cruz Law Firm, P.A. today to arrange your initial consultation and get the legal guidance you need.