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Has your employer punished you for taking or asking for medical leave? When health or family needs arise, the law gives you clear rights that your employer must respect. No one should face discipline, job loss, or retaliation for using their right to take protected time off.
The lawyers at Bernabei & Kabat, PLLC, can help you take action if your employer interfered with or denied your Family and Medical Leave Act (FMLA) or other medical leave rights. Our team is proud to serve Washington, D.C., and the tri-state area, and we have more than 75 years of combined experience fighting for workers, and we’re here to help you stand up for your rights and hold your employer accountable.
If you believe your employer crossed the line, contact us now to arrange your initial consultation. We can review your situation, explain your options, and help you move forward with confidence.
The FMLA allows eligible employees to take up to 12 weeks of unpaid, job-protected leave in a 12-month period. It’s meant to protect workers who need time off to manage serious health conditions, the birth or adoption of a child, or care for a spouse, child, or parent with a serious health condition. The law applies to employers with at least 50 employees within a 75-mile radius and to workers who have been employed for at least 12 months and worked 1,250 hours in that time.
The Act protects employees from losing their jobs while they take leave to recover from health issues or care for family. Employers must restore workers to the same or an equivalent position after the approved leave ends. They must also maintain group health benefits for workers under the same terms that existed before the leave began. Retaliation or interference with an employee’s FMLA rights is a violation of federal law. Workers who face threats, pressure to return before they’re ready, or discipline for taking leave may have grounds for FMLA discrimination claims.
In addition to the FMLA, there are several federal laws that protect you if you need time off for health or family reasons. Each law covers different situations, but together they form a strong framework against discrimination or retaliation when you must take or request medical leave:
Many medical leave discrimination cases involve more than one federal law. For example, an employee might qualify for FMLA leave while also receiving protection under the ADA or the PDA. The FMLA provides defined time off protections, while the ADA may extend a worker’s rights to additional unpaid leave as a reasonable accommodation for a disability.
Title VII of the Civil Rights Act and the PDA may apply to the same situation if an employer handles pregnancy or childbirth-related leave less favorably than other medical leave. GINA protections could also overlap with FMLA anti-discrimination rules if an employer reacts negatively after learning about a worker’s family medical history. For federal employees or employers receiving federal funds, the Rehabilitation Act provides similar protections to the ADA.
When several laws apply to the same leave-related discrimination case, an employment lawyer can help the worker identify which protections are available for their situation. Overlapping coverage can strengthen a worker’s position if their employer interferes with or denies leave rights. Each law sets clear expectations for how employers must treat workers dealing with health or family-related absences.
Medical leave discrimination occurs when an employer treats an employee unfairly for requesting or taking time off for health reasons. This kind of discrimination can include denying eligible leave, firing or demoting an employee for requesting leave, or creating a hostile environment for workers managing medical issues. Even subtle behaviors like reducing hours, changing assignments, or excluding an employee from projects may indicate unlawful retaliation.
Some employers cite performance issues or policy changes to justify discrimination, especially when the timing of an adverse action aligns with a worker’s leave request. Others create pressure by questioning an employee’s commitment or hinting that time off requests will hurt their career prospects. These tactics discourage workers from using their legal rights and make the workplace hostile for those dealing with serious health conditions or family medical issues.
Signs of medical leave discrimination often follow a clear pattern—unexpected discipline, reduced responsibilities, or expectations that change once an employee mentions needing time off. Recognizing those patterns early can help employees protect both their health and their careers.
If you believe your Washington, D.C.-, Virginia-, or Maryland-based employer has treated you unfairly for taking or requesting medical leave, you may have a leave discrimination case. A Washington, D.C., employment law attorney can protect your rights and strengthen your legal case by:
If you believe your employer punished you for taking or requesting medical leave, you can take action to hold them accountable. Bernabei & Kabat, PLLC, can help. We understand how stressful these situations can be, and we know how to take action to protect your job and your future. Contact us today to get the answers you need from an employment law attorney serving Washington, D.C., Maryland, and Virginia.
To schedule an initial consultation with an attorney at Bernabei & Kabat, PLLC, concerning sexual harassment in the workplace, please call 202.745.1942 or complete the contact form on this site.
Learn more about initial consultations with Bernabei & Kabat sexual harassment lawyers.
