Family & Medical Leave Protections

The Family and Medical Leave Act (FMLA) is a federal law that provides certain employees 12 weeks of unpaid, job-protected leave for personal and family serious health events. The FMLA allows workers to take the 12 weeks of leave in a 12 month period for: the birth of a child or to care for a newborn; the placement of a child for adoption or foster care; to care for a spouse, child, or parent with a serious health condition; the employee’s own serious health condition; and any emergency arising out of a family member’s military obligations. When taking leave under the FMLA, employers are prohibited from discriminating, interfering with, or retaliating against employees because they took leave, and employees are entitled to a continuation of their health insurance coverage.

Testimonial Background
The Family Medical Leave Act provides important job protected leave so that employees are not be forced to choose between keeping their job and caring for themselves or their loved ones.

Family and Medical Leave Protection Lawyers Serving the Washington D.C. Area

The lawyers at Correia & Puth, PLLC have the experience and drive to help employees enforce their FMLA rights and to litigate violations of the FMLA and related statutes. We work to identify employees’ rights under the law, to craft a strategy to employees’ working situation and to remedy injuries, where possible. We counsel employees who believe their FMLA rights have been violated, and work to reinstate employees who have been terminated for exercising their rights under the FMLA. We also negotiate with employers, and file claims in court or with administrative agencies.

Have Your Family and Medical Leave Rights Been Violated?

Under the FMLA, employers are prohibited from firing or discriminating against an employee for asserting their rights under the law. Under most circumstances, when an employee returns from FMLA leave, he or she must be restored to the same job or to an equivalent job. An equivalent job means a job that is virtually identical to the original job in terms of pay, benefits, and other employment terms and conditions (including shift and location). All benefits an employee had accrued prior to a period of FMLA leave must be restored to the employee when he or she returns from leave, and employees cannot be required to requalify for any benefits the employee had prior to taking FMLA leave.

Under certain conditions, employees may substitute or run at the same time as their FMLA leave, accrued paid leave (such as sick or vacation leave) to cover some or all of the period of FMLA leave. In addition to the rights granted under the FMLA, in the District of Columbia, the law offers broader coverage and protections by providing covered employees with up to 16 weeks of leave. The District of Columbia also requires employers to provide eligible employees with paid leave when they need to care for their own medical condition or diagnosis, or that of a family member.

The FMLA complements other laws to require a covered employer to provide leave. For example, FMLA and the Americans with Disabilities Act grant medical leave to an employee in certain circumstances where a family member with a disability needs care. To read more about the ADA, visit Correia & Puth’s ADA page here. The FMLA and the Pregnancy Discrimination Act, an amendment to Title VII, both have requirements governing leave for pregnancy and pregnancy-related medical conditions. To read more about sex discrimination, visit our page here, and to read more about pregnancy discrimination, visit our page here. FMLA also works with the Uniformed Services Employment and Reemployment Rights Act (USERRA) to ensure that individuals that are away from work because of a military obligation are given credit for their service and are able to access available FMLA leave.

Call Correia & Puth for Help With Family and Medical Leave Protections

The FMLA gives employees the right to file suit in federal court and recover damages if an employer interferes with their ability to utilize FMLA leave. The FMLA is enforced by the U.S. Department of Labor. An employee must file their lawsuit within 2 years of the violation of the law, or within 3 years if the violation of law was willful. If you believe your employer has violated or is violating your rights under the FMLA, contact us online as soon as possible to ensure that your legal rights are protected.

Practice Areas

Accommodations for Disabilities

We are committed to ensuring that all employees with disabilities have equal access to the workplace.


Age Discrimination

We fight employers who use age bias to discourage older workers from staying on the job or keep them from advancement.


Corporate Accountability

Corporations must be held accountable for wrongdoing, and whistleblowers often keep employers honest.


COVID-19 Protections for Health Workers

If you are a health care worker facing retaliation because you raised concerns, there are laws in place to protect you.


Disability Discrimination

We are dedicated to safeguarding the rights of individuals with disabilities and vigorously advocate for equal access.


Equal Pay Rights

Motivated by our commitment to workplace fairness, we fight employers who have shortchanged an employee because of bias.


Family & Medical Leave Discrimination

The FMLA provides job protected leave so that employees are not forced to choose between their job and caring for loved ones.


Family Responsibilities Discrimination

Employees should not be penalized for taking care of their loved ones, and we are committed to fighting for your rights.


Federal Employees

We help federal sector employees understand workplace rights and navigate the unique federal agency employment context.


Federal Employee Whistleblower Protections

Employees and contractors of the federal government have strong protections from retaliation for speaking out.


Gender Identity Discrimination

We believe no employee should face harassment, discrimination, or retaliation because of who they are or how they identify.


National Origin Discrimination

We believe all employees should be given a fair chance to succeed regardless of their culture and background.


Pregnancy Discrimination

Pregnancy and motherhood are not incompatible with work. Our firm fights for expecting mothers and mothers with newborns.


Race Discrimination

Employers are forbidden from making decisions to hire, fire, promote, or to provide training or other benefits because of a person’s race.


Religious Discrimination

We value individuals' religious beliefs and personal choices and are committed to ensuring the ability to practice without fear.



We believe that employees should be able to assert their legal rights without risking their livelihoods.


Severance Agreements

Our practice of negotiating severance agreements is built upon years of experience working on behalf of employees at all levels.


Sex Discrimination

We work to eliminate gender discrimination, unfair pay, sexual harassment, and unlawful glass ceilings.


Sexual Harassment

We are dedicated advocates for the right to a workplace free from a sexually hostile work environment.


Sexual Orientation Discrimination

We believe that no employee should be fired, shortchanged, or treated differently because of who they are and whom they love.


Title IX Claims

We are a national leader on use of Title IX as an effective tool for an educational environment free from discrimination and retaliation.


Veterans (USERRA)

USERRA provides job protections to employees who temporarily leave private employment for military service.


Wage & Commission Claims

We fight employers who have wrongfully withheld salaries, commissions, and wages, and hold them accountable for what's unpaid.


Whistleblower Retaliation

Employees should be free from intimidation, harassment, or threats when taking a stand against wrong or unsafe workplaces.

It takes courage to fight back against those who discriminate.
Contact us to see how we can help you.