June 14, 2016
Asking for time off to welcome a baby, recover from surgery, or care for a parent should not cost you your job. For many workers, federal law says it can't. Yet many workers find that the trouble starts right after they request leave: a sudden bad review, a lost promotion, a shrinking set of responsibilities, or a termination that arrives the week they come back.
When that happens, some employees decide to take legal action. This guide explains which laws protect workers who need family or medical leave, the two main kinds of FMLA claims, how state laws in Virginia, Maryland, Washington, D.C., and Texas fit in, what a claim can recover, and the deadlines that apply. It also covers what to write down now, while the details are fresh.
Who the FMLA Covers
The Family and Medical Leave Act (FMLA) is the starting point for most family leave disputes. It applies to private employers with 50 or more employees for at least 20 workweeks in the current or prior calendar year, and to all public agencies and public and private elementary and secondary schools, regardless of size.
Working for a covered employer is not enough on its own. To be an eligible employee, you generally must:
- Have worked for the employer for at least 12 months (the months do not need to be consecutive);
- Have worked at least 1,250 hours in the 12 months right before the leave starts; and
- Work at a location where the employer has at least 50 employees within 75 miles.
An eligible employee can take up to 12 workweeks of unpaid, job-protected leave in a 12-month period for:
- The birth of a child and bonding with the newborn during the first year;
- The placement of a child for adoption or foster care;
- Caring for a spouse, child, or parent with a serious health condition;
- The employee's own serious health condition that makes them unable to work; and
- Certain qualifying exigencies tied to a family member's military deployment.
A separate provision allows up to 26 workweeks to care for a covered servicemember with a serious injury or illness. Leave can be taken all at once or, when medically necessary, intermittently or on a reduced schedule. During leave, the employer must keep group health coverage on the same terms, and when the employee returns, the employer generally must restore them to the same job or an equivalent one with equivalent pay, benefits, and other terms.
Two Kinds of FMLA Claims: Interference and Retaliation
FMLA lawsuits usually fall into one of two categories, and the difference matters for how a case is built.
Interference. The law makes it unlawful for an employer to interfere with, restrain, or deny the exercise of FMLA rights. Examples include refusing leave you were entitled to, discouraging you from requesting it, counting protected leave against you under an attendance policy, failing to restore you to your position, or cutting off your health coverage while you are out. In many courts, an interference claim focuses on whether you were entitled to a benefit and did not get it, rather than on the employer's motive.
Retaliation. The FMLA also bars employers from punishing workers for using leave or for opposing practices the law makes unlawful. A retaliation claim typically asks whether you took or requested protected leave, suffered an adverse action such as demotion or firing, and whether there is a causal link between the two. Timing is often an important piece of evidence, especially when discipline appears for the first time right after a leave request, but courts look at the full picture.
Many cases involve both theories. An employer might deny part of a leave request (interference) and later fire the employee for complaining about it (retaliation).
Pregnancy, Caregiving, and Overlapping Federal Laws
The FMLA is not the only law in play. Depending on the facts, several others may apply alongside it or in place of it, including when you are not FMLA-eligible.
- Pregnancy Discrimination Act (PDA). Part of Title VII of the Civil Rights Act, the PDA prohibits employers with 15 or more employees from treating workers less favorably because of pregnancy, childbirth, or related medical conditions.
- Pregnant Workers Fairness Act (PWFA). In effect since June 27, 2023, the PWFA requires employers with 15 or more employees to provide reasonable accommodations for known limitations related to pregnancy, childbirth, or related conditions unless doing so would cause undue hardship. An employer generally cannot force you onto leave if another reasonable accommodation would let you keep working, and it cannot retaliate against you for asking.
- PUMP for Nursing Mothers Act. Under the Fair Labor Standards Act, most employees who are nursing are entitled to reasonable break time and a private space, other than a bathroom, to express breast milk for up to one year after the child's birth.
- Americans with Disabilities Act (ADA). The ADA can cover pregnancy-related impairments, such as complications or postpartum depression, and its "association" provision protects employees from adverse treatment because of their relationship with a person who has a disability. The association provision does not, however, require the employer to accommodate the employee's caregiving schedule.
- Title VII and caregiver stereotypes. Treating mothers and fathers differently, for example, approving leave for one but not the other, or assuming a new parent is less committed to the job, can amount to sex discrimination.
Because these laws have different coverage thresholds, filing procedures, and remedies, the right approach depends heavily on the specific facts of your situation.
State Leave Laws in Virginia, Maryland, D.C., and Texas
State and local law can add rights on top of the federal floor.
Virginia. In 2026 Virginia enacted a paid family and medical leave insurance program administered by the Virginia Employment Commission. Payroll contributions are scheduled to begin April 1, 2028, and the Commission is scheduled to begin paying benefits on December 1, 2028, for up to 12 weeks of paid leave. Until then, Virginia workers rely mainly on the FMLA and on the Virginia Human Rights Act, which prohibits discrimination based on pregnancy, childbirth, and related conditions, including lactation.
Maryland. Maryland's Family and Medical Leave Insurance (FAMLI) program begins collecting contributions on January 1, 2027, and is scheduled to start paying benefits in January 2028, offering up to 12 weeks of paid, job-protected leave. Separately, Maryland's Parental Leave Act gives eligible employees of employers with 15 to 49 employees up to six weeks of unpaid leave for the birth, adoption, or foster placement of a child.
Washington, D.C. The D.C. Family and Medical Leave Act applies to employers with 20 or more employees and can provide more unpaid, job-protected leave than the federal law. D.C. also runs an employer-funded Paid Family Leave program. For claims filed on or after October 1, 2026, it provides up to 12 weeks of parental leave, 10 weeks of medical leave, 6 weeks of family caregiving leave, and 2 weeks of prenatal leave, with a combined yearly cap and a maximum weekly benefit of $1,100.
Texas. Texas does not have a general state family leave law for private employers, so the FMLA is usually the main source of leave rights. Chapter 21 of the Texas Labor Code prohibits sex discrimination, including pregnancy discrimination, by employers with 15 or more employees, and those complaints go to the Texas Workforce Commission Civil Rights Division on a short deadline.
Warning Signs Worth Taking Seriously
No single event proves a violation, but these patterns often come up in family leave cases:
- Criticism or discipline that begins shortly after you announce a pregnancy or ask for leave;
- A manager questioning how long your caregiving will last or whether you will "really" come back;
- Being pressured to shorten leave, work while on leave, or skip it altogether;
- Absences that should have been protected being counted against you;
- Returning to a job with fewer duties, a lower title, a worse schedule, or less pay;
- A promotion or raise going to someone else after your leave was approved; and
- A reorganization or layoff that appears to fall mainly on people who recently took leave.
A strong performance history does not stop an employer from violating the law later. Problems sometimes appear after a new manager arrives, after a merger, or with a second or third child even when an earlier leave went smoothly.
What an FMLA Claim Can Recover
If an employer violated the FMLA, the statute allows a court to award:
- Lost wages, salary, and employment benefits, plus interest;
- If no wages were lost, other actual monetary losses caused by the violation, up to a cap tied to 12 weeks of pay (26 weeks for military caregiver leave);
- Liquidated damages in an amount equal to the lost pay and interest, which a court may reduce if the employer shows it acted in good faith with reasonable grounds;
- Equitable relief, such as reinstatement or promotion; and
- Reasonable attorney's fees, expert fees, and costs.
Courts have generally held that the FMLA does not provide damages for emotional distress or punitive damages, though other laws, such as Title VII, may allow some of those remedies when they apply. Every case is different, and the outcome of any claim depends on its own facts.
Deadlines You Cannot Afford to Miss
Timing rules vary by law:
- FMLA: A lawsuit generally must be filed within two years of the last violation, or within three years if the violation was willful. You can file a complaint with the U.S. Department of Labor's Wage and Hour Division or go directly to court.
- PDA, PWFA, and ADA: You usually must file a charge with the U.S. Equal Employment Opportunity Commission (EEOC) before suing, generally within 180 days of the discriminatory act, or 300 days where a state or local agency enforces a similar law.
- State laws: State agency deadlines can be shorter than the federal ones.
Waiting can shrink your options, so it helps to get advice early.
What to Document Now
Good records often make a significant difference. Consider keeping, in a secure place outside your work email and devices:
- Copies of your leave requests, approvals, denials, and any FMLA paperwork or medical certifications;
- Performance reviews, awards, and positive feedback from before the leave;
- A dated log of comments about your pregnancy, leave, or caregiving, with who said what and who was present;
- Any discipline, schedule changes, or changes in duties, with dates;
- The names of coworkers who were treated differently or who witnessed relevant events; and
- Your employer's handbook and leave policies.
Raising concerns in writing while you are still employed can also matter. A written report to HR creates a record, gives the company a chance to correct the problem, and can support a retaliation claim if things get worse. Be careful not to take confidential company documents you are not authorized to have.
Talk With an Employment Lawyer
Family leave law is a patchwork of federal statutes, state programs, and local rules, and the interaction between them can be complicated. The Spiggle Law Firm represents employees in family leave, pregnancy discrimination, and retaliation matters. If you believe you were penalized for requesting or taking leave, find out whether you may have a case.
Frequently Asked Questions
Can I be fired while I'm on FMLA leave?
An employer cannot fire you because you took FMLA leave. FMLA leave does not protect you from a layoff or termination that would have happened anyway for legitimate reasons unrelated to the leave, but the employer may need to show that. If you were let go during or right after protected leave, the timing deserves a closer look.
What is the difference between FMLA interference and FMLA retaliation?
Interference means the employer denied, discouraged, or restricted your use of leave or failed to restore your job afterward. Retaliation means the employer punished you, for example, by demoting or firing you, because you used or requested leave or complained about a violation.
How long do I have to sue for an FMLA violation?
Generally two years from the last violation, or three years if the violation was willful. Claims under related laws, such as the Pregnancy Discrimination Act or the ADA, usually require an EEOC charge within 180 or 300 days, so it helps to act promptly.
Am I protected if I'm not eligible for FMLA leave?
Possibly. Even if you do not meet the FMLA's employer-size or hours requirements, laws such as the Pregnancy Discrimination Act, the Pregnant Workers Fairness Act, the ADA, and state or local leave laws may still apply to your situation.
What damages can I recover in an FMLA lawsuit?
The FMLA allows recovery of lost wages and benefits with interest, an equal amount in liquidated damages unless the employer shows good faith, equitable relief such as reinstatement, and attorney's fees and costs. What is available in a given case depends on its facts.