Legal Question in Medical Leave in Maryland

Re: Time frame for submitting request for FMLA

The FMLA is designed to allow use of leave (sick or annual) for purposes of caring for the health of someone in your family. The FMLA does not contemplate strict notice guidelines; however, there are provisions that allow your employer to adopt its own policies. Where the employer's policy is not applied uniformly, there may be an action. Moreover, where the employer's policy underminds the intent of FMLA or its literal word, such a policy may not be unheld.

Most employers will congenially address matters under FMLA where a legal basis is set forth in a demand letter. Since FMLA is an intermediate benefit with limited duration, few employees and few employers seek to litigate matters thereunder. An attorney's advocacy through a demand and telephonic communication may bring the remedy you seek.

Obviously, past recovery of past wages and benefits is another matter. Employers are often not willing to provide such benefit. This is particularly crucial where a lapsed insurance benefit can save thousands of dollars in medical bills. An attorney is, without doubt, needed in such a situation.

Contact me if you wish to discuss.

G. Joseph Holthaus III

(410) 799-9002