Silver Spring, MD FMLA Violation Attorneys

Devoted Family and Medical Leave Attorneys Advocating for Employees in Silver Spring, Maryland

Under federal law, eligible employees of covered employers are entitled to take unpaid leave for certain reasons, such as medical emergencies, pregnancy, or caring for an ailing family member. Unfortunately, some employers unintentionally or willfully disregard these protections, leaving employees in a difficult spot. If your rights to unpaid leave have been violated at your job, a Silver Spring FMLA lawyer can help you pursue an appropriate remedy.

At Melehy & Associates LLC, we are a proud defender of employee rights. Our attorneys are well-versed in state and federal laws, and we will do everything we can to hold your employer accountable for any violation of the Family and Medical Leave Act.

What Protections Are Available Under the Family and Medical Leave Act?

The purpose of the Family and Medical Leave Act, or FMLA, is to allow employees to take necessary time off to attend to critical needs without fear of termination. The FMLA provides eligible employees with up to 12 weeks of unpaid leave per year under certain circumstances, which may include:

• Pregnancy and caring for an infant within a year of birth
• Caring for a spouse, parent, or child with a serious medical condition
• Caring for a child in foster placement within the first year of placement
• Recovering from a serious medical condition
• Taking time off to care for a covered military spouse, parent, or child

In general, you should request FMLA as early as possible, as some employers may require notice in advance. Our attorneys can help you prepare the documentation to submit a request for unpaid leave, such as notes from a licensed physician.

After a period of unpaid leave, you are entitled to return to your position at an equivalent pay rate as before. However, employers are not required to reimburse you for any lost wages during that time.

Can I Be Fired for Requesting Family or Medical Leave?

It is illegal for an employer to terminate you for requesting or taking family or medical leave. This is known as retaliation, which refers to situations where an employer will take adverse actions against an employee for engaging in legally permitted activities.

If you have been retaliated against for exercising your rights to unpaid leave, you should get in contact with an employment lawyer immediately. At Melehy & Associates LLC, we can help you take legal action for an FMLA violation, fighting for a remedy to protect your financial future.

What Can I Do After an FMLA Violation at My Workplace?

If your employer has retaliated against you for requesting FMLA, you should contact an attorney right away and consider taking legal action by having your attorney either contact the employer or file a civil action. However, this complaint must be filed within two years of the violation, or the Department of Labor may decline to enforce the law.

Potential outcomes include compelling your employer to pay you back wages and reinstate you in your role.

Meet With a Silver Spring FMLA Attorney

If you have any questions about your right to family or medical leave at your workplace, Melehy & Associates LLC can sit down with you to discuss your rights. Our Silver Spring lawyers are more than qualified to help you file a complaint for a violation of the Family and Medical Leave Act. To schedule a free case evaluation, call our offices at 301-587-6364 or contact us online today.