Taking time off work for a serious health condition, a new baby, or a family crisis is something most employees have every right to do. But too many workers return from protected leave to find that their job has changed, their hours have been cut, or they have been written up or fired for an absence their employer was legally required to accommodate. If that has happened to you, or if you are worried it might, you do not have to face your employer alone.
Lebau & Neuworth represents Maryland employees whose leave rights have been violated, threatened, or ignored. Our employment attorneys understand how intimidating it can feel to push back against HR or a supervisor, and we are here to enforce your rights, stop unlawful discipline, and help you pursue every remedy available under the law. Call us at (410) 296-3030 to speak with a leave of absence lawyer today.
Understanding Employee Leaves of Absence
A leave of absence is a period of time away from work that is authorized under law, company policy, or both. Some leaves are paid, some are unpaid, and some involve a combination depending on how an employee's accrued time off and applicable benefits interact with state and federal law.
Employees take leave for many reasons, including serious personal illness or injury, surgery and recovery, pregnancy and childbirth, caring for a seriously ill family member, mental health treatment, and military service obligations. In many of these situations, federal and state laws provide meaningful protections that prevent employers from punishing employees for taking time they are legally entitled to.
Whether your leave is paid or unpaid depends on a number of factors. The federal Family and Medical Leave Act provides up to 12 weeks of unpaid, job-protected leave. Maryland and other states have enacted laws providing paid leave benefits in certain circumstances. Employees may also have the right to use accrued sick time or short-term disability benefits to receive some income while on leave. Understanding which laws apply to your situation and how they interact is often the most important first step.
Your Legal Rights to Take Time Off
Federal Family and Medical Leave Act (FMLA) Basics
The Family and Medical Leave Act is the cornerstone of federal leave protection for American workers. FMLA entitles eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons, including a serious health condition affecting the employee or an immediate family member, the birth or adoption of a child, or certain military family needs. During FMLA leave, your employer must maintain your group health insurance coverage under the same terms as if you had continued working.
When you return from FMLA leave, your employer is required to restore you to the same position you held before your leave, or to an equivalent position with the same pay, benefits, and working conditions. Failing to do so is a violation of federal law.
New York Paid Family Leave and Other State Leave Laws
While Lebau & Neuworth is a Maryland-based firm, employees in different states benefit from varying state leave protections that layer on top of federal law. New York Paid Family Leave, for example, provides eligible employees with paid, job-protected time off to bond with a new child, care for a seriously ill family member, or address qualifying military needs. Maryland similarly has enacted leave protections that apply to workers in our state, and our attorneys are well-versed in the full landscape of applicable state law for our clients.
Sick Leave, Disability Leave, and Other Protected Absences
Beyond FMLA, employees may be entitled to additional protected time off under other legal frameworks. Disability-related leave under the Americans with Disabilities Act may require an employer to provide time off as a reasonable accommodation even when FMLA is unavailable or exhausted. Maryland's sick and safe leave law provides employees with the right to earn and use paid sick leave for personal illness, preventive care, and certain family caregiving needs. Employees dealing with extended illness or injury may also have rights under short-term or long-term disability benefit programs that supplement or follow FMLA protections.
When Multiple Laws Apply at the Same Time
One of the most common sources of confusion in leave cases is that several laws often apply simultaneously to the same absence. An employee recovering from surgery may be entitled to FMLA leave, ADA accommodations, state sick leave protections, and short-term disability benefits all at once. Employers are required to provide the most generous protections available under the overlapping frameworks, and they cannot use the expiration of one type of leave as an excuse to terminate an employee who remains protected under another. Sorting through how these laws interact in your specific situation is exactly the kind of analysis an experienced leave of absence attorney can provide.
Eligibility Requirements for Protected Leave
Who Qualifies for FMLA Leave?
To be eligible for FMLA leave, an employee must work for a covered employer, which generally means a private employer with 50 or more employees within 75 miles of the employee's worksite, or a public agency or school. The employee must also have worked for that employer for at least 12 months and have logged at least 1,250 hours of work in the 12 months preceding the leave. If you are unsure whether you meet these requirements, an attorney can evaluate your specific situation.
Who Qualifies for New York Paid Family Leave?
New York Paid Family Leave covers most private-sector employees who work for a covered employer in New York. Full-time employees become eligible after 26 weeks of employment, and part-time employees after 175 days worked. Benefits are funded through small employee payroll deductions and provide a percentage of the employee's average weekly wage up to a state cap.
Job Protection, Health Insurance, and Benefits While You Are Out
One of the most important things employees need to understand is that protected leave is not just about time off. It is also about protecting the job, the paycheck structure, and the benefits you rely on. Under FMLA, your employer must continue your health insurance on the same terms during your leave. Upon return, you are entitled to be restored to your prior or equivalent position. Employers who reassign employees to lesser roles, reduce their pay, or eliminate their benefits upon return from leave may be liable for workplace retaliation or interference with protected rights.
Employer Violations and Retaliation for Lawful Absences
Many employers use automated attendance point systems that count absences without regard to whether those absences were legally protected. Assigning points for FMLA leave, disability-related absences, or other protected time off is illegal, even if the employer's written policy applies the same rules to everyone on paper. If you have received warnings, been placed on a performance improvement plan, or been disciplined under a points-based system that counted protected absences, your employer may have violated federal or state law.
Being fired after taking protected leave is one of the most common violations we see. Employers sometimes terminate employees immediately upon return, claim the position was eliminated while the employee was out, or build a pretextual performance case in the weeks following a leave. These patterns are recognizable and actionable. If you were fired shortly after taking FMLA or another form of protected leave, speaking with an attorney about a potential wrongful termination claim is an important next step.
Retaliation does not always look like termination. Employees returning from leave sometimes find themselves moved to less desirable shifts, stripped of responsibilities, passed over for promotions, or subjected to increased scrutiny. All of these actions can constitute unlawful workplace retaliation when connected to the exercise of protected leave rights. If any of this sounds familiar, call us at (410) 296-3030 to discuss what your employer may have done and what options are available to you..
What to Do If Your Leave Is Denied or You Are Punished
Steps to Take if Your Employer Denies FMLA or Paid Family Leave
- Request a written explanation from your employer detailing why your leave was denied
- Review your employee handbook and any documentation outlining your employer's leave policies
- Keep records of every communication related to your leave request, including emails, texts, and notes from conversations with HR or supervisors
- If your employer refuses to engage with your request or offers reasons that do not hold up legally, contact Lebau & Neuworth at (410) 296-3030 as quickly as possible
How to Respond to Write-Ups or Threats for Taking Leave
If you receive a written warning or disciplinary action related to an absence you believe was legally protected, do not sign anything that characterizes the absence as unexcused without speaking to an attorney first. Document the timeline of your leave, the discipline, and any comments your supervisor or HR representative made about your time off. This documentation can be critical evidence if you later need to pursue a legal claim.
When to Talk to a Leave of Absence Lawyer
You should consider contacting an employment attorney any time your employer denies a leave request you believe is protected, disciplines or threatens you for taking leave, changes your job, pay, or benefits in connection with a leave, or terminates your employment during or after a protected absence. The sooner you involve an attorney, the more options you are likely to have.
How Leave of Absence Lawyers Can Help You
An experienced leave of absence attorney can evaluate whether your absence was legally protected, identify which federal and state laws apply to your situation, and advise you on the strength of any potential claims. If your employer has already taken adverse action against you, an attorney can send formal legal correspondence demanding that the violation be corrected, file administrative charges with the relevant agencies, negotiate a resolution on your behalf, or pursue litigation to recover lost wages, benefits, and other damages.
Employees often assume that fighting back against an employer is too costly or too complicated to be worth it. In many leave retaliation cases, however, successful claimants can recover back pay, front pay, compensation for emotional distress, and attorney fees. You do not have to absorb the cost of your employer's unlawful conduct.
If your condition is serious enough that returning to work may not be possible, our attorneys can also help you understand your options for long-term disability benefits or Social Security Disability benefits, ensuring that you have a complete picture of the financial protections available to you.
Why Choose Lebau & Neuworth for Leave of Absence Cases
Lebau & Neuworth focuses exclusively on representing employees, never employers. That means our interests are always aligned with yours, and we bring the full weight of our experience to holding employers accountable when they violate the rights of workers who simply needed time off.
Our firm has spent decades representing Maryland employees in complex employment matters, and we understand both the legal frameworks and the human stakes involved in leave of absence disputes.
We are accessible, straightforward, and committed to giving every client honest guidance about their situation and realistic options for moving forward.
Frequently Asked Questions About Leaves of Absence
Can My Employer Fire Me for Taking a Medical Leave of Absence?
Not if your leave was legally protected. FMLA prohibits employers from terminating employees for taking qualifying medical leave, and the ADA may provide additional protection for disability-related absences. Employers who fire employees in connection with protected leave may be liable for wrongful termination, back pay, and other damages. If you were fired after a medical leave, contact an attorney to evaluate your situation.
Will My Job Be Protected While I Am on FMLA or Paid Family Leave?
Yes, in most cases. FMLA entitles you to return to your same position or an equivalent one with the same pay, benefits, and responsibilities. Paid family leave programs similarly provide job protection during qualifying absences. Employers who fail to reinstate employees properly, or who use the leave period to restructure someone out of their role, may be in violation of federal or state law.
Do I Get Paid While I Am on a Leave of Absence?
FMLA leave itself is unpaid, but employees can often use accrued paid time off concurrently. State paid family leave programs provide wage replacement benefits during qualifying absences. Short-term disability coverage may also provide income replacement during medical leaves. Whether you receive pay during leave depends on which laws apply, what benefits you have, and how your employer's policies interact with those entitlements.
What Can I Do If My Employer Counts Lawful Absences as Points?
You should document the discipline and contact an employment attorney. Applying attendance points to FMLA leave, disability-related absences, or other legally protected time off is unlawful regardless of whether the employer's policy treats all absences the same way on paper. An attorney can evaluate whether the points system as applied to you violated your rights and what remedies may be available.
When Should I Contact a Leave of Absence Lawyer?
As early as possible. If your employer is threatening your job over a protected absence, denying a leave request you believe is valid, or has already disciplined or terminated you in connection with leave, an attorney can intervene quickly to protect your rights. The longer you wait, the more difficult it can become to preserve evidence and meet applicable deadlines for filing claims.
Talk to Lebau & Neuworth Today
Your right to take time off for serious health conditions, family needs, or other protected reasons is not something your employer gets to override. If your job, pay, or benefits have been threatened because you needed leave, Lebau & Neuworth is ready to help. Contact us at (410) 296-3030 to schedule your free consultation to speak with a Maryland leave of absence lawyer today.
