Thatcher Law Firm
301-850-1246
Click Here to Email the Firm

Family and Medical Leave Act Archives

When FMLA Expires, Must an Employer Grant Additional Leave Under the ADA?

The U.S. Court of Appeals for the Seventh Circuit issued a resounding "no" upholding a decision in favor of an employer. The employer denied an employee's request for an additional 2-3 months off when his FMLA expired. The Seventh Circuit's decision went so far as to stress that the "ADA is an antidiscrimination statute, not a medical-leave entitlement." (Emphasis added.)

What is the FMLA, and who is protected by it?

The federal Family and Medical Leave Act (and similar enactments operative in the states, including in Maryland and Virginia) is protective legislation of great importance to many American workers dealing with serious injuries that require their temporary absence from the workplace.

FMLA: employers can't take it or leave it

As our regular readers know, we have several times discussed in our blog that many Maryland workers are entitled to take leave for work to care for a family member with a serious medical condition or because the employee has a serious health condition making them unable to perform their job.

Chef suing for FMLA violations

A prominent chef who was once featured on a Food Network cooking competition show is being sued for alleged violations of the Family Medical Leave Act by a former chef at one of his restaurants. The man who filed the lawsuit says that when his wife suffered from a sudden stroke and he needed time off, his boss took a variety of actions that violated the man’s right under the Family Medical Leave Act to take up to 12 weeks of unpaid leave without losing his job.

Court upholds termination in FMLA case

An employee of a poultry farm did not have her rights violated when her employer fired her after she did not return promptly from a trip she took to care for her ill father. The woman said that the firing was a wrongful termination because under the Family Medical Leave Act (FMLA), employers cannot retaliate against employees who take time off to care for a member of their immediate family who is sick.

Should Maryland have paid family leave?

Most readers know that under the Family Medical Leave Act, employees are eligible to take up to 12 weeks of leave to care for a new baby or an immediate family member who is ill. However, because of restrictions on the law (size of the company, for one), about 40 percent of American workers qualify for the leave. Some employees are also lucky enough to have jobs that will pay them for a portion of that time, but many must have a difficult decision to stay home and care for a loved one and forgo pay. The main benefit of taking leave under the FMLA is that it is job-protected, so an employer cannot replace you while you are gone and cannot discriminate against you or punish you when you return. 

Father sues over company’s paternity policy

It might surprise readers to hear that when compared with other developed nations, the United States is considered to have some of the worst policies regarding parental leave when a new child is born or adopted. Under the Family Medical Leave Act, job-protected leave is guaranteed for up to 12 weeks, but it is all unpaid unless an employer has their own policy that allows paid time off. This means that for many families, taking time off under the FMLA may not be financially feasible and puts them in the difficult position of deciding whether to stay home a little longer or to hire someone to help with childcare, which can also be expensive for a newborn.

When should you tell your boss about a pregnancy?

Telling an employer that you or your spouse is expecting a baby can be a nerve-wracking experience. It can be hard to know how a boss will react and whether it will impact your career. As a result, many people take different approaches to disclosing a pregnancy and starting the discussion on maternity or paternity leave, but there are a few things that employees can do to make the process easier.

Labor Department extends FMLA benefits to same-sex couples

As a part of the ongoing efforts to fully implement the recent Supreme Court decision striking down the Defense of Marriage Act (DOMA), the Labor Department has recently announced updates to their policies. Among these updates includes a change in the way that the Family Medical Leave Act is administered.

  • Washingtonian Top Lawyers
  • Best Washingtonian 2015
  • Top Lawyers 2013
  • Washingtonian Top Lawyers 2011
  • The Washingtonian | Washington's Top Lawyers 2009
  • Washingtonian Top Lawyers
  • AV Preeminent

Thatcher Law Firm
7849 Belle Point Drive
Greenbelt, MD 20770

Toll Free: 866-604-3882
Phone: 301-850-1246
Fax: 301-441-9602
Map & Directions