DC FLMA and Leave Discrimination Lawyer
At some point during your career, it may be necessary for you to take time off work due to a medical emergency. This emergency may be a threat to your own health, but it may also concern your loved ones. When these emergencies happen, you have the right as a worker in Washington DC to take unpaid leave so you can take care of your family’s needs.
This leave is provided for by both federal and District laws. However, many employers are unaware of or refuse to honor their responsibilities under these laws. If you find yourself in such a scenario, you also have the right to file a complaint seeking enforcement of your rights.
Fortunately, a Washington DC FLMA and leave discrimination lawyer from the Spiggle Law Firm may be able to help. We could work with you to examine your reason for taking leave and your employer’s response and identify the path forward most likely to result in a positive outcome.
Federal Laws Affecting Workers Who Need to Take Leave
The concept of medical or family leave is established in both federal and District law. While federal law provides a base line that all states and territories are obligated to follow, individual states and territories can pass their own laws that expand upon the federal minimums. Washington DC’s leave laws are a perfect example of this dynamic.
The Family Medical Leave Act (FMLA) is the United States federal law that establishes the concept of unpaid leave for many employees. However, these rights are not extended to everyone. The provisions in the law only apply to companies who employ at least 50 employees. In addition, you must have worked at your company for at least one year prior to asking for leave.
The law also states that there are limited reasons for why you may ask for leave. These include:
- Time to make a personal recovery from an illness or injury
- Childbirth and caring for the newborn
- Taking time to care for a sick or injured child, spouse, or parent
The total time that you can ask for leave under the FMLA cannot exceed 12 weeks in a year, and you must have worked a minimum of 1,250 hours in the preceding year to qualify for FLMA protections. A Washington DC FLMA and leave discrimination attorney could help you understand your rights and determine if you qualify for leave.
Leave Rights of Workers in Washington DC
Washington DC’s laws provide additional coverage to workers. Specifically, DCFLMA §32-502 states that all employers must provide unpaid leave to workers who have a medical emergency or need to care for the health of a family member. All in all, Washington DC’s leave laws provide significant additional protections to workers and obligate all businesses in the District to provide leave.
These local DC laws also expands the definition of family member to include any person with whom a person lives and shares a committed relationship. Therefore, a live-in boyfriend or girlfriend may quality for care under this law. Furthermore, they reduce the necessary number of hours worked in the previous year to 1,000 and increase the maximum number of weeks of leave to 16.
Work with a Washington DC FLMA and Leave Discrimination Attorney Today
Both United States and Washington DC laws provide unpaid leave for certain people in case of a medical emergency. However, DC’s laws are far more permissive concerning who may take leave and expand the number of employers which must provide it. Still, many companies refuse to honor valid leave requests, and violate the law in doing so.
The federal government and DC’s city council both operate agencies that are dedicated to the investigation and punishment of companies that illegally withhold leave. A Washington DC FMLA and leave discrimination lawyer could help you choose the appropriate agency to hear your complaint and demand a remedy.Click here for a free online case review to get to work on your case.