If you or a loved one needs time off work for a medical condition, childbirth, or to care for a family member, the Family and Medical Leave Act (FMLA) provides important protections for employees in Maryland. Lebau & Neuworth’s experienced employment lawyers help Maryland workers understand and assert their rights under FMLA, fight denials, and pursue legal remedies if their medical leave rights are violated.
What Is the Family and Medical Leave Act (FMLA)?
The Family and Medical Leave Act (FMLA) is a federal law that gives eligible employees the right to take unpaid, job-protected leave for serious health conditions, childbirth, adoption, or to care for an immediate family member with a serious illness. At Lebau & Neuworth, we know the complexities of FMLA and are here to guide you through every step, from understanding your rights to securing the leave you need.
How FMLA Works in Maryland
In Maryland, FMLA applies to private employers with 50 or more employees within a 75-mile radius, as well as all public agencies and schools. To qualify, you must have worked at least 12 months (not necessarily consecutive) and at least 1,250 hours in the past year. FMLA leave can be taken all at once or intermittently, depending on your medical needs.
Who Is Covered Under FMLA?
- Employers: Private companies with 50+ employees within a 75-mile radius, all public agencies, and public/private schools.
- Employees: Workers who have been employed for 12 months (not necessarily consecutive) and at least 1,250 hours in the past year, working at a location with 50+ employees within 75 miles.
Qualifying Reasons for FMLA Leave
FMLA makes sure that eligible employees in Maryland can take time off work for important family and medical needs without fear of losing their jobs. At Lebau & Neuworth, we help workers understand their rights and navigate the process to secure the leave they need. Here are the main reasons you may qualify for FMLA leave.
Personal Medical Conditions
FMLA covers leave for a serious health condition that makes you unable to perform your job, including hospital stays, chronic conditions, and pregnancy-related issues. This can include ongoing treatment for illnesses like diabetes or multiple sclerosis, as well as recovery from surgery or other major medical events. If your health prevents you from working, you may be entitled to up to 12 weeks of job-protected leave per year.
Caring for a Family Member
You can take FMLA leave to care for a spouse, child, or parent with a serious health condition. This includes situations where your loved one is hospitalized, undergoing treatment, or recovering from a major illness. FMLA ensures you can focus on your family’s well-being without risking your employment.
Pregnancy and Childbirth Recovery
FMLA provides up to 12 weeks of job-protected leave for birth, adoption, foster care placement, or recovery from childbirth. This leave allows new parents to bond with their child and recover from the physical and emotional demands of pregnancy and delivery. Whether you are welcoming a newborn or adopting a child, FMLA protects your right to take the time you need.
Military Family Leave
FMLA also covers military family leave for up to 26 weeks to care for a service member with a serious injury or illness. This applies to spouses, children, parents, or next of kin of active-duty military personnel. If your family is facing the challenges of a military deployment or a service member’s recovery, FMLA ensures you can support your loved one without jeopardizing your job.
Your Rights Under the FMLA
At Lebau & Neuworth, we believe every worker deserves to know and exercise their rights when facing medical or family challenges. FMLA provides critical protections to help you manage your health and family needs without fear of losing your job or benefits.
Job Protection and Health Benefits
While on FMLA leave, your job is protected, and your employer must continue your group health benefits under the same terms as if you were working. This means you’ll return to the same or an equivalent position after your leave ends, and your health insurance coverage will remain unchanged. You are also protected from retaliation for exercising your FMLA rights, ensuring you can focus on your recovery or caregiving without added workplace stress.
Duration and Intermittent Leave Options
Eligible employees may take up to12 weeks of unpaid leave per year (26 weeks for military caregivers) for qualifying reasons. Leave can be taken all at once or intermittently, depending on your medical needs or family situation. Whether you need continuous time off or periodic breaks, FMLA allows flexibility to accommodate your circumstances while protecting your employment status.
What to Do If Your FMLA Rights Are Violated
At Lebau & Neuworth, we understand how stressful and unfair it can feel when your employer fails to respect your legal protections. Knowing your rights and taking prompt action can make all the difference in securing justice and holding your employer accountable.
Signs of FMLA Retaliation
Retaliation happens when an employer punishes you for requesting or taking FMLA leave. Common signs include termination, demotion, reduced hours, or hostile treatment after exercising your rights.
How to Document Denials or Discrimination
Keep records of all communications with your employer, including requests for leave, denials, disciplinary actions, and any adverse changes. Document medical certifications, emails, and witness statements to support your claim.
When to Contact a Maryland FMLA Lawyer
If your FMLA request is denied, you face retaliation, or your employer interferes with your rights, contact an experienced FMLA attorney immediately. Legal action may be necessary to recover lost wages, job reinstatement, or other remedies.
Why Choose Lebau & Neuworth to Handle Your FMLA Claim?
If you or a loved one is facing challenges with FMLA leave, don’t wait to seek help. Contact Lebau & Neuworth today to schedule a consultation and take the first step toward justice. Let our experienced FMLA attorneys stand up for your rights and fight for the outcome you deserve.
Decades of Employee Advocacy in Maryland
At Lebau & Neuworth, we have decades of experience protecting Maryland employees’ rights under the FMLA. Our attorneys have successfully handled countless FMLA claims, helping clients secure the leave they need, recover damages, and hold employers accountable for violations. When your rights are on the line, you deserve a legal team that knows the law inside and out and fights tirelessly for your best interests.
Personalized Attention, Powerful Results
We provide personalized attention at every stage of your case, from helping you request leave to representing you in litigation if necessary. Our team works closely with clients and healthcare professionals to ensure all requirements are met and your rights are fully protected.
