One of the important protections of the Family and Medical Leave Act (FMLA) is that it keeps your job secure while you are taking time off work to care for yourself or a family member. However, many employers fail to let employees know when they can take FMLA time. Some employers even disregard FMLA by wrongfully terminating an employee before he or she has taken the 12 weeks of leave to which employees are entitled each year. The District of Columbia has its own FMLA law, of which Farber Legal is experienced.
At Farber Legal in Rockville/North Bethesda, Maryland, our employment attorneys represent employees and employers in leave and benefits matters throughout Maryland and the Washington, D.C., area. Our lawyers can advise you whether you are entitled to leave, and how much information you have to give your employer about your health condition when you apply. Our lawyers can also help you qualify for short-term disability (STD) and long-term disability (LTD) benefits at work.
Family And Medical Leave Act (FMLA)
The Family and Medical Leave Act enables employees to take leave of up to 12 weeks in any 12-month period for personal health reasons, for family care (maternity leave for the birth of a child, placement of a child for adoption, or to care for a family member with a serious health condition), or a serious personal health condition (physical or mental condition requiring in-patient care in a hospital or continuing treatment by a health care provider). The FMLA covers any employer that has 50 or more employees for each working day during twenty or more calendar workweeks in the current or preceding calendar year. In Washington, D.C., FMLA covers any employer with 20 or more employees and provides up to 16 weeks of leave in any 12-month period. An employee is not eligible for FMLA leave unless he or she has been employed by a covered employer for at least 12 months and has worked at least 1,250 hours during the previous twelve months.
The FMLA requires the employer to provide two forms of written notice to employees. First, if a covered employer provides its employees with an employee handbook or other written materials concerning employee benefits, the employer must include information in that handbook or written materials which details all FMLA entitlements and employee obligations under the FMLA. An employer that does not use employee handbooks or have written employee policies musts provide its employees with a separate fact sheet designating all FMLA employee rights and obligations. (FMLA/medical/disability/ retirement/maternity/ STD/LTD)
Short-Term And Long-Term Disability
Many employers provide short-term and long-term disability benefits to their employees. Individuals may also purchase these benefits through an insurance agent. If you qualify to receive benefits under the terms of a disability policy, the benefits will help you replace the income you have lost because you cannot work. Insurance companies, however, often deny meritorious applications for benefits. Most policies grant the policyholder the right to appeal the denial of a claim. A complete understanding of your policy and the appeal process will increase your likelihood to obtain the benefits you deserve.
Our lawyers are very good at working with you, your doctor, and with insurance companies to obtain short- and long-term disability benefits.
If you need assistance with a leave or with your disability benefits, contact a lawyer at Farber Legal. We offer an initial consultation at a discounted fee. We represent clients in Maryland and the Washington, D.C., area, including Rockville and North Bethesda.