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Explaining Your Legal Rights: The Family and Medical Leave Act

Under both state and federal law, employees have the right to take leave under certain circumstances for a medical condition of the employee or a member of the employee’s family. If you believe that your employer has unlawfully denied your right to leave under the federal Family and Medical Leave Act (FMLA) or a similar Maryland, Washington, D.C., or Virginia law, contact Thatcher Zavaro & Mani for a thorough review and candid appraisal of your claims.

Working To Protect Your Rights

We advise and represent clients in all types of family leave matters including:

  • Pregnancy and parental leave
  • Parenting time pending or following the adoption of a child
  • Time off for surgery, an organ transplant, cancer treatment or other medical procedures that require ongoing care or a period of convalescence
  • Leave to care for a child, spouse, or parent whose medical or convalescent needs require your attention
  • Discrimination or retaliation after you’ve been cleared for work following a period of approved FMLA leave.

Answering Frequently Asked Questions Regarding FMLA

When our clients face issues related to the Family and Medical Leave Act (FMLA), they often have many questions about their rights and options. As we represent you, we can address your concerns and provide clear guidance while working to protect your rights. Some of the common questions we hear from our clients include:

Who is eligible for FMLA leave in Maryland and Washington, D.C.?

To qualify for FMLA leave, employees must work for a covered employer, have worked at least 1,250 hours in the past 12 months, and be employed at a location with 50 or more employees within a 75-mile radius. Maryland and Washington, D.C. may also have additional state-specific leave laws that complement FMLA protections, so it’s important to consult an employment attorney for guidance.

What types of family members can I take FMLA leave to care for?

Under FMLA, employees can take leave to care for a spouse, child, or parent with a serious health condition. In some cases, state laws in Maryland or Washington, D.C. may expand the definition of eligible family members, so it’s worth exploring local regulations for additional protections.

Can my employer deny my FMLA leave request?

Employers cannot deny FMLA leave if you meet the eligibility requirements and provide proper documentation. However, disputes can arise if your employer questions the validity of your request or if they claim you don’t meet the criteria. If you believe your leave was wrongfully denied, consulting an experienced employment attorney can help protect your rights.

What should I do if I face retaliation after taking FMLA leave?

Retaliation for taking FMLA leave is illegal. If you experience demotion, termination, or other adverse actions after returning from approved leave, you may have grounds for a legal claim. Document any incidents and seek legal advice to ensure your rights are upheld.

Experience You Can Trust

Thatcher Zavaro & Mani attorneys are experts in employment law matters involving FMLA and other health and disability-related workplace leave, employees’ rights and employers’ obligations.