Medical Leave Rights And Discrimination

The Family and Medical Leave Act (FMLA) permits an employee to take up to 12 weeks of unpaid leave in a 12 month period.  There are also certain state and local laws providing similar protections.

Under the FMLA, your employer may not fire, deny you a promotion, or demote you because you have requested or have taken family medical leave. Your employer may not terminate, discriminate or retaliate against you for exercising your rights under the FMLA.

What is Eligible Leave Under FMLA?

You are eligible for leave under the FMLA for:

• Your own serious health condition (illness, injury, impairment, or physical or mental condition that involves inpatient care or continuing treatment by a health care provider)
• The serious health condition of a spouse, child, or parent
• Pregnancy complications, maternity or paternity leave
• The placement of an adopted or foster son or daughter

Who is Entitled to use FMLA?

You are eligible to take FMLA leave if you:

• Worked for the employer for at least 12 months
• Worked for the employer for at least 1,250 hours during the previous 12 month period before the leave
• Work at a location where the company employs at least 50 or more employees within 75 miles.

What Happens When I Return From FMLA?

After the leave period is over, you must be reinstated to the same or equivalent position and maintain all health plan benefits while you were on FMLA leave.  Benefits lapsed while on leave must be restored upon return.

Remedies under the FMLA

Potential remedies include reinstatement and payment of lost wages, employment benefits, or any other loss sustained as a result of the employer's violation of the FMLA.

Additional State and Local Protections

In addition to the federal Family and Medical Leave Act, certain states and local jurisdictions may offer additional or different protections for employees, providing coverage to employees who would not otherwise be covered by FMLA.

If you believe your rights under the FMLA are being, or have been violated, Henrichsen Law Group, PLLC’s experienced employment law team is your partner in protecting your rights.  Our attorneys handle cases in the District of Columbia, Maryland, Virginia, New Jersey, New York, Florida, and Georgia.