Legal Question in Medical Leave in Maryland

Re: family medical leave

The only medical leave you are entitled to would be under your employer's leave policy. Sometimes they allow sick leave for family illness.

On the other hand, you are entitled to Family and Medical Leave Act (FMLA) protection if your company has more than 50 employees in a 75 mile radius and you have both 12 months of work with them, and 1250 hours of work in the 12 months immediately preceding the leave. FMLA is not leave - rather it protects you from having any adverse action taken because you were out. This includes discipline, discharge and retaliation. For all intents and purposes, the company has to treat the leave as if it did not occur.

You can talk to your company to see if the FMLA applies, and what you have to do to be covered. Typically, companies ask for the certification form put out by the US Dept. of Labor to be completed by the involved doctor. You can check dol.gov for lots of info. on the FMLA. If your rights are violated, you can also file a complaint with the local DOL office for free.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.