Taking time away from work can be stressful. It is even more frustrating when things do not go as planned. Under the Family and Medical Act (FMLA), you are entitled to take extended time away from work to care for personal or family medical needs. The FMLA grants qualified employees a leave of absence from work.
If your employer is not respecting your need for time, working with an attorney can help protect your rights.
Family and Medical Reasons to Take a Leave
Caregiver leave is granted to those who need to care for an immediate family member. Medical leave includes continuous leave to receive medical care but can also include intermittent leave from work for follow-up work, such as physical therapy. Maternity leave and adoption leave are given to those who will be the primary caregiver for a newborn or newly adopted infant.
You May Have a Claim Under both the DC and Federal FMLA
If your employer is not following the state or federal FMLA laws and regulations, you may have a claim under the state and federal Family and Medical Leave Act. Your employer must provide the leave as specified, and they must not take retaliatory action against you for taking leave to which you are entitled.
The following variables may affect whether you qualify for state or federal leave under the Family and Medical Leave Act:
- Employer size: Smaller employers may be exempted from coverage. Generally, employers with 20 or more employees are subject to the requirements of the Family and Medical Leave Act, and employers with 50 or more employers are covered in the federal FMLA.
- New hires: Under the Family and Medical Leave Act, you may not be eligible for leave if you have been employed for less than one year.
- Part-time employees: The FMLA has regulations concerning the number of hours you must work to qualify for a leave.
Damages
If you have been wrongfully denied leave, you may be entitled to damages. These can include reinstatement if you were terminated, or compensation for lost pay or benefits. You may also be awarded attorney’s fees.