FMLA

FMLA Attorney in Silver Spring

Upholding the Family & Medical Leave Act in Maryland & Washington D.C.

Employment law in the United States has come a long way. With the passage of the Family and Medical Leave Act (FMLA) of 1993, covered employers have had to recognize that employees have critical needs outside of work—families to take care of, children to raise, medical needs to address, and more.

At Emejuru Law, our attorney works tirelessly to protect clients’ rights and access to the benefits guaranteed by the FMLA. We can help you understand these rights and hold an employer accountable if they have somehow undermined or interfered with your guaranteed time-off.

For high-quality information, counsel, and representation, call our FMLA attorney in Silver Spring at (240) 607-5552 or reach out to us online.

Are You Covered by the FMLA?

Unfortunately, not every employee has the automatic right to the job-protected leave of absence outlined by the FMLA.

The FMLA applies to employment through the following entities:

  • Public agencies
  • Public elementary and secondary schools
  • Private elementary and secondary schools
  • Companies with 50 or more employees

To access the benefits of the FMLA, you must have worked for one of the above employers for at least one year (and for at least 1,250 hours over the last year). At your location, the company must have employed at least 50 employees within 75 miles. If you are unsure whether you are covered by the FMLA, please do not hesitate to contact us.

Your Rights Under the FMLA

If you are covered by the FMLA, you have the right to take up to 12 weeks of unpaid leave per year. This leave is job-protected, meaning you will not have to worry about termination (or even a demotion or transfer) if you choose to take this time off. While the leave is unpaid, your employer must maintain your group health insurance coverage during your leave without changing the terms or conditions.

You are eligible to take this unpaid leave if:

  • You are caring for a newborn child (within one year of their birth);
  • You are caring for a child whom you have just adopted or taken into foster care (within one year of adoption or placement);
  • You are caring for your spouse, child, or parent because they have a serious health condition;
  • You cannot perform essential elements of your job because you have a serious health condition; and/or
  • You have qualifying family needs arising from the fact that your spouse, child, or parent is on covered active duty as a military servicemember.

Alternatively, you may be able to take a total of 26 weeks of unpaid leave during a single year if you are caring for a servicemember who has a serious injury or illness. This is called military caregiver leave.

To qualify for this extended leave, you must be caring for a servicemember who is your:

  • Spouse;
  • Child;
  • Parent; or
  • Next of kin.

The FMLA helps ensure equal employment opportunities for both men and women, helping employees fulfill both their work and family responsibilities. It is critical that your employer adheres to your rights under this legislation.

What Our Attorney Can Do for You

In theory, obtaining unpaid leave under the FMLA should be simple and straightforward. Your employer should provide information about your rights and responsibilities when you ask about this option.

However, some employers either don’t know about their FMLA obligations or choose not to fulfill them. We can help you file a complaint and potentially a lawsuit if your employer:

  • Discourages you from taking the time off
  • Requires you to give advanced notice for unexpected medical needs
  • Requires you to know that you are covered by the FMLA and specifically request FMLA leave (instead of simply asking for time off because of a qualifying family or medical need)
  • Fails to count the hours you work between requesting the unpaid leave and beginning the unpaid leave toward your 1,250 hours
  • Cancels your group health insurance benefits during your leave
  • Continuously asks or pressures you to return from your leave or work during your leave
  • Postpones your return to work
  • Transfers you to a different position upon your return
  • Fails to reinstate all the benefits you had before you began your leave
  • Penalizes you in any way for taking the leave

If you have experienced any of the above issues, bring your case to our firm right away. We can thoroughly assess your situation and determine whether your employer has violated your rights under the FMLA. If so, we can file a claim and pursue the compensation you need and deserve.


Get started on your case by calling (240) 607-5552 or contacting us online today. We look forward to fighting for your rights and wellbeing.


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What You Can Expect with Us
  • Hundreds of Cases Resolved

    Mr. Emejuru has taken hundreds of cases to trial, consistently showing that he puts in the effort to seek justice for the common man.

  • Extensive Courtroom Experience

    Given his experience taking civil rights and employment cases to federal courts, Mr. Emejuru has the composed confidence paired with the aggressive litigation skills you need on your side.

  • Strategic Knowledge

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Get in touch with our team today to learn more about how we can help protect your rights.