Jimmie R. Milbourn Taking medical leave—whether for your own serious health condition or to care for a family member—is a right protected by law. However, many employees fear job loss or retaliation when they need to use this important benefit. If you were fired after requesting or taking medical leave in Washington, D.C., you may have been illegally terminated.
Understanding your rights under federal and local laws, recognizing signs of illegal termination, and knowing how to respond can help you protect yourself and seek justice.
Medical Leave Laws That Protect You in D.C.
Two major laws provide protections for employees taking medical leave:
1. The Family and Medical Leave Act (FMLA)
FMLA is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave for serious health conditions affecting themselves or immediate family members. Covered reasons include childbirth, adoption, illness, or caring for a sick relative.
Under FMLA, your employer must:
- Maintain your group health benefits during leave
- Restore you to the same or an equivalent job upon return
- Not retaliate or discriminate against you for taking leave
FMLA applies to employers with 50 or more employees within a 75-mile radius.
2. The D.C. Family and Medical Leave Act (DCFMLA)
D.C. also has its own family and medical leave law, which often provides broader protections than federal law. Notably, the DCFMLA applies to employers with 20 or more employees and may cover more family members and reasons for leave.
Like FMLA, the DCFMLA guarantees job protection and prohibits retaliation for taking approved leave.
Signs You Were Illegally Fired for Taking Medical Leave
While employers may have legitimate reasons to terminate employment, firing an employee because they exercised their right to medical leave is illegal.
Here are some signs that your termination might have violated medical leave protections:
- You were fired shortly after notifying your employer about your need for leave.
- Your employer did not follow its own leave policies or failed to provide you with necessary information about your rights.
- You received negative performance reviews or warnings only after requesting or returning from leave.
- Your employer refused to reinstate you to the same or equivalent position after leave.
- Other employees with similar performance but no medical leave were treated differently.
- Your termination coincided with a period when you were on leave or immediately after returning.
What To Do If You Suspect Illegal Termination Related to Medical Leave
If you believe you were fired for taking medical leave, consider these steps:
1. Review Your Medical Leave Documents
Keep copies of all notices, medical certifications, correspondence with your employer, and documentation related to your leave.
2. Review Employer Policies
Check your employee handbook or any written policies regarding medical leave to ensure your employer followed their own procedures.
3. Note the Timing and Circumstances
Write down the timeline of your leave requests, communications, and termination. Document any conversations about your leave or job performance.
4. File a Complaint with Appropriate Agencies
You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division for FMLA violations. For D.C. specific claims, contact the District of Columbia Office of Human Rights or the D.C. Department of Employment Services.
5. Consult an Employment Attorney
A wrongful termination lawyer experienced with medical leave laws can evaluate your situation, advise you on your rights, and help you file claims or negotiate settlements.
Legal Remedies Available to You
If you successfully prove your employer illegally terminated you for taking medical leave, you may be entitled to:
- Reinstatement to your original or an equivalent position
- Back pay and benefits lost due to wrongful termination
- Compensation for emotional distress or other damages
- Attorney’s fees and costs
These remedies aim to restore your employment status and compensate for harm caused by unlawful actions.
Common Employer Defenses—and Why Legal Help Is Important
Employers may claim they terminated an employee for reasons unrelated to medical leave, such as poor performance or restructuring. These defenses can complicate cases, making it essential to gather strong evidence and build a clear timeline.
An attorney can help you:
- Collect relevant documents and witness statements
- Identify inconsistencies in the employer’s explanation
- File timely complaints within legal deadlines
- Negotiate favorable settlements or represent you in court
Timelines Matter: Don’t Delay
Both federal and D.C. laws have strict deadlines for filing claims. For example:
- FMLA complaints with the U.S. Department of Labor should generally be filed within two years of the violation (or three years if willful).
- Claims under the D.C. Family and Medical Leave Act or discrimination laws typically must be filed within one year with local agencies.
Missing these deadlines may prevent you from pursuing your claim.
Final Thoughts
Medical leave is a vital right designed to help workers manage serious health issues without risking their livelihoods. If you were fired after requesting or taking medical leave in Washington, D.C., you may have been the victim of illegal termination.
Understanding your rights, documenting your case, and seeking experienced legal help can make all the difference. Don’t hesitate to take action to protect yourself and hold your employer accountable. We recommend wrongful termination attorney dc.
