How Family and Medical Leave Act (FMLA) Violations Can Lead to Wrongful Termination in Maryland

Taking time off from work to care for your health or your family should never cost you your job. That’s exactly why the Family and Medical Leave Act (FMLA) exists — to protect eligible employees from losing their jobs while handling serious medical or family matters.

Unfortunately, some Maryland employers still violate FMLA protections, sometimes leading to illegal terminations. If you were fired shortly after requesting or taking FMLA leave, you might be the victim of wrongful termination.

In this article, we’ll explore how FMLA violations happen, how they can lead to wrongful termination, and what you can do if your rights have been violated.

What Is the FMLA?

The Family and Medical Leave Act is a federal law that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for specific medical and family reasons. Reasons for taking FMLA leave include:

• A serious health condition

• Caring for a spouse, child, or parent with a serious health condition

• Birth and care of a newborn

• Adoption or foster care placement

• Certain military family leave situations
  

During FMLA leave, your job — or an equivalent position — must be held for you. Employers are prohibited from retaliating against you for taking or requesting this leave.

Who Is Eligible for FMLA Protection?

To qualify for FMLA leave in Maryland, you must:

• Work for a covered employer (private employers with 50+ employees, public agencies, or schools)

• Have worked at least 1,250 hours in the past 12 months

• Have been employed by the company for at least 12 months
  

If you meet these criteria, you are entitled to take FMLA leave — and your employer cannot legally punish you for it.

Common FMLA Violations That Can Lead to Wrongful Termination

Employers may violate the FMLA in various ways that could lead to wrongful termination, including:

1. Firing You for Requesting Leave

Some employers retaliate against employees who request time off, even if the request is entirely lawful. Terminating someone simply because they requested FMLA leave is a clear violation.

2. Firing You While You’re on Leave

Unless there’s a legitimate and unrelated reason (such as layoffs affecting all workers), firing an employee while they’re out on FMLA leave is typically illegal.

3. Refusing to Reinstate You

Your employer must return you to your previous job or an equivalent role once your FMLA leave ends. If they fire you instead, or offer a lesser role, it may constitute wrongful termination.

4. Discouraging FMLA Use

Subtle retaliation — such as increasing your workload, docking your performance, or threatening consequences for taking leave — can also violate the law and may lead to a constructive discharge or firing.

How to Recognize Retaliation After FMLA Leave

FMLA retaliation isn’t always obvious. Watch for signs like:

• Sudden negative performance reviews

• Demotion or change in job duties

• Being excluded from meetings or projects

• Increased scrutiny from supervisors

• Termination shortly after your leave
  

If these things happen after you use (or request) FMLA leave, you may have a claim.

What to Do If You Were Wrongfully Terminated After FMLA Leave

If you suspect that your firing was related to your use of FMLA leave, take the following steps:

1. Document Everything

Keep records of your FMLA request, communications with HR, doctor’s notes, and your employer’s response. Also document any negative changes at work that occurred after your leave.

2. File a Complaint

You can file a complaint with the U.S. Department of Labor’s Wage and Hour Division (WHD). They enforce FMLA rights and may investigate your claim.

3. Consult an Attorney

Wrongful termination cases involving FMLA violations can be complex. A Maryland employment attorney can evaluate your situation, help gather evidence, and represent you in negotiations or court.

4. File a Lawsuit if Necessary

If your rights were clearly violated, your lawyer may help you file a lawsuit for damages, including:

• Lost wages

• Emotional distress

• Attorney’s fees

• Reinstatement (in some cases)
  

Final Thoughts

FMLA protections exist for a reason — to give workers the ability to care for themselves and their families without fear of losing their livelihood. If you were terminated for requesting or taking FMLA leave, you may have been wrongfully terminated under federal law.

Don’t let your employer get away with violating your rights. Reach out to an experienced Maryland wrongful termination lawyer to understand your options and start building your case. We recommend wrongful termination attorney dc.