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Kimberly A. Gilmour P.A.

Resolving Family & Medical Leave Act Disputes Through Mediation

The Family and Medical Leave Act (FMLA) is a crucial piece of legislation that entitles employees to take unpaid, job-protected leave for a specified time for family and medical reasons. While FMLA is designed to safeguard the interests of employees and employers, conflicts can arise for various reasons, leading to legal battles and strained relationships. If you are an employee or an employer engaged in an FMLA dispute, mediation is a powerful tool to resolve the issues amicably.

Florida Certified Mediator Kimberly A. Gilmour

Employment mediation is a form of alternate dispute resolution in which an impartial third party helps individuals in workplace conflicts reach a mutually agreed upon resolution. Kimberly Gilmour, a highly regarded Florida-certified mediator, has an exemplary reputation in her field, earning the trust and respect of legal professionals and the judiciary. She has successfully assisted employers and employees in workplace mediation for more than twenty-three years.

Attorney Kimberly Gilmour, as a mediator, offers a neutral environment where both parties can express their concerns without fear of bias. She maintains strict impartiality throughout the process, guiding the parties in brainstorming potential solutions to reach mutually agreeable resolutions. Her mediation services in Florida are available before or after initiating a lawsuit. She aims to help both parties address their grievances in a confidential and less adversarial environment as an alternative to litigation. This approach grants both parties the flexibility to craft a settlement collaboratively that meets the needs of both sides.

The Advantages of Mediation Services as Opposed to Litigation are:

  • Confidentiality
  • Cost-Effectiveness
  • Faster Resolution
  • Improved Relationships
  • Customized Solutions

Common Types of Disputes that Arise in FMLA Cases are:

  • Eligibility Disputes: Employees may claim they were denied the requested time off, alleging they were eligible for FMLA leave when, in fact, they did not meet the eligibility requirements. Examples may be that the employee did not meet the requirement of the duration of employment, or the company may not have an adequate number of employees to qualify for FMLA leave.
  • Leave Denial: Employees may allege they were denied FMLA leave or not granted the full amount. However, disputes may emerge regarding the validity of their medical condition or the necessity for their requested leave.
  • Retaliation Claims: Employees may believe they face adverse actions from their employer after taking an approved leave, such as a demotion, termination, or harassment as a form of retaliation.
  • Improper Documentation: Employers may deny FMLA requests due to improper or incomplete documentation. Employees may contend that the employer mishandled or lost  documents, leading to the denial.
  • Communication Breakdown: There may be miscommunication regarding the duration of the leave or the plans for returning to work. An employer may assert they require timely notice of the need for FMLA leave and the employee did not comply.
  • Intermittent Leave Disputes: When an employee has a chronic condition requiring intermittent and frequent leaves, employers may question the validity of the leave requests.

Your Path to Resolution with Kimberly A. Gilmour, P.A.

With a deep understanding of the intricacies of employment law, an unwavering commitment to impartiality, and a skillful approach to facilitating resolutions, Attorney Gilmour is the preferred choice for mediation services across Florida. Her dedication to fostering amicable conflict resolution has made her a valuable asset to both individuals and the legal community.

Kimberly A. Gilmour, P.A., offers a flexible schedule for video conferencing or in-person meetings at our Daytona Beach, Florida office or another neutral location that best suits your needs. Our primary focus is clients in Volusia, Orange, Brevard, Flagler, Lake, and St. Johns Counties, Florida. However, we extend mediation and arbitration services throughout Florida without the client incurring additional travel expenses. Furthermore, we have a satellite office in Plantation, Florida, to accommodate mediation in Broward County and the South Florida region.

To learn more about the services at Kimberly A. Gilmour, P.A., please feel free to call us at (954) 584-6460, or you can contact us online. We are fully prepared and eager to assist you with your workplace mediation needs.