Maryland FMLA and Leave Discrimination Lawyer

Share This
Share

Maryland’s legislature is at the forefront of the nation when it comes to establishing new rules concerning employees taking leave for illness. All employers in the state are now required to provide unpaid leave for most of their employees. In addition, all workplaces with 15 or more employees must provide paid sick leave for their workers.

With these laws being so new, it is not surprising that employers may not be aware of their new obligations. Others are aware of their duties under the law but refuse to grant leave to workers when required by law. Either scenario is a violation of the law.

A Maryland FMLA and leave discrimination lawyer could provide assistance and guidance if your employer illegally refuses your leave request. After working with you to investigate the facts that led to the denial, a skilled attorney from the Spiggle Law Firm could help you file a complaint with the Maryland Department of Labor, Licensing and Regulation.

Federal Laws Regarding Medical Leave

The laws that regulate employee leave are a collection of federal and state statutes. The backbone for all medical leave is the Family Medical Leave Act (FMLA). This is a federal law that requires all employers with at least 50 employees to provide unpaid leave to qualifying workers.

To qualify for FLMA protections, you must have worked at the company providing benefits for at least one year prior to requesting leave and work for at least 1,250 hours during that year. In addition, you can request leave only for a few specific reasons, such as:

  • To give birth and care for a newborn child
  • To oversee an adoption
  • To care for a sick child, spouse, or parent
  • To make a recovery for a medical condition

The United States Department of Labor, Wage and Hour Division (WHD) can investigate all allegations of companies who illegally withhold leave from their employees.

Medical Leave Protections in Maryland

In addition to the federal baseline, states may provide additional protections to their workers. Maryland is one such state. Recent changes to the law provide paid sick leave to many workers and unpaid leave to the rest, depending on the size of the company.

The Maryland Healthy Working Families Act took effect in February of 2018. This law requires all employers who have 15 or more workers in Maryland to provide sick leave with pay to these workers. Additionally, all employers with 14 or less employees must provide leave without pay for illness.

It is important to remember that this law does not affect the federal FLMA laws concerning your right to leave to care for sick people other than yourself or for childbirth. Under these circumstances, the federal laws concerning company size and reasons for leave still apply.

How a Maryland FMLA and Leave Discrimination Lawyer Could Help

Federal laws require many workplaces to provide up to 12 weeks unpaid leave for people to take care of ill family members, to give birth to a child, or to recover from an injury. However, Maryland has recently passed a law that requires all employers to provide sick leave to their employees regardless of company size.

It is an unfortunate fact that some employers are ignorant of or choose to ignore these laws. Whenever they do so, any affected employee has the right to seek enforcement of their rights by filing a complaint with either the federal government or Maryland’s Department of Labor.

A Maryland FMLA and leave discrimination lawyer from the Spiggle Law Firm may be able to help you in such a situation to pursue recovery and follow through until the end of your case. Click
here for a free online case review and here to use our Case Assessment Calculator to get started.