Originally published August 15, 2023. Updated April 8, 2026.
Finding a balance between work and personal life can be a formidable challenge. Thankfully, the United States has recognized the importance of supporting individuals who face significant family and medical responsibilities with the Family and Medical Leave Act (FMLA).
A groundbreaking federal labor law enacted in 1993, the FMLA was created to provide vital protection and flexibility to eligible employees–but sometimes employers fail to adhere to its guidelines. If you or someone you know has encountered trouble with an employer regarding an eligible leave of absence, contact The Spiggle Law Firm and our team of employment law attorneys for a complimentary case review today.
Table of Contents
- What Workers Should Know About the FMLA
- Eligibility
- Covered Reasons
- Length of Leave
- Notice and Certification
- Job Protection and Benefits
- Intermittent and Reduced Schedule Leave
- State Laws: DC, Virginia & Maryland
- Enforcement and Remedies
- Seek Legal Counsel
What Workers Should Know About the FMLA
Here is what you need to know about the FMLA:
Eligibility
To be eligible for FMLA leave, you must work for a covered employer, which includes private-sector employers with 50 or more employees, public agencies, and public or private elementary or secondary schools. Additionally, you must have worked for your employer for at least 12 months and have accumulated 1,250 hours of service during the previous 12-month period.
Covered Reasons
The FMLA allows eligible employees to take up to 12 weeks of unpaid leave in a 12-month period for the following reasons:
- Birth and care of a newborn child
- Placement of a child through adoption or foster care
- Care for a spouse, child, or parent with a serious health condition
- The employee’s own serious health condition makes them unable to perform their job
- Qualifying demands arising from the foreign deployment of a military member who is the employee’s spouse, child, or parent
- Care for a covered service member with a serious injury or illness, where the employee is the spouse, child, parent, or next of kin
Length of Leave
Eligible employees can take up to 12 work weeks of FMLA leave in a 12-month period. In certain circumstances, such as caring for a covered service member with a serious injury or illness, the leave entitlement may be extended up to 26 work weeks.
Notice and Certification
Employees must provide their employer with notice of their need for FMLA leave. The employer may require medical certification to support the need for leave due to a serious health condition. The certification process ensures that leave is being taken for valid reasons.
Job Protection and Benefits
The FMLA provides job protection, meaning that upon returning from leave, an employee generally has the right to be restored to their original position or an equivalent position with equivalent pay, benefits, and other employment terms. However, certain exceptions exist for highly compensated employees and key employees.
Intermittent and Reduced Schedule Leave
In some cases, employees may take FMLA leave intermittently or on a reduced schedule when medically necessary or for certain qualifying needs. This allows for flexibility in taking leave as needed.
State Laws: Additional Protections in DC, Virginia, and Maryland
Employees in Washington, DC, Virginia, and Maryland may have additional leave rights beyond what the federal FMLA provides. Depending on where you work, you may be entitled to more time off, paid leave, or broader eligibility than federal law alone guarantees.
Washington, DC — Universal Paid Leave Act
DC employees have some of the strongest leave protections in the country. Under the DC Universal Paid Leave Act (UPLA), most employees who work in DC are entitled to:
- Up to 12 weeks of paid parental leave to bond with a new child
- Up to 12 weeks of paid family leave to care for a seriously ill family member
- Up to 2 weeks of paid medical leave for the employee’s own serious health condition
- A maximum weekly benefit of $1,190 for leave beginning on or after September 28, 2025
Importantly, the UPLA covers employees who work for employers with even one employee — far broader than the FMLA’s 50-employee threshold. If your employer denies or interferes with your DC paid leave rights, you may have a legal claim under both the UPLA and the FMLA.
Virginia — Paid Family and Medical Leave Coming in 2028
Virginia currently follows the federal FMLA, which provides unpaid leave only. However, in March 2026, Virginia became the 15th state to pass a paid family and medical leave law. Under this new law, payroll contributions will begin April 1, 2028, with paid, job-protected leave benefits of up to 12 weeks becoming available to workers starting in late 2028.
Until then, Virginia employees are protected by the FMLA and the Virginia Human Rights Act, which prohibits retaliation against employees who exercise their leave rights.
Maryland — FAMLI Program Beginning January 2028
Maryland’s Family and Medical Leave Insurance (FAMLI) program, established under the Time to Care Act of 2022, will provide eligible employees with up to 24 weeks of partially paid leave — 12 weeks of family and medical leave plus up to 12 additional weeks of parental leave — beginning January 2028.
Maryland employees are currently protected by the federal FMLA. If your employer has interfered with your leave rights or retaliated against you for taking leave, you may have legal options now.
Enforcement and Remedies
The U.S. Department of Labor’s Wage and Hour Division (WHD) is responsible for administering and enforcing the FMLA. If an employer violates the FMLA provisions, employees may file a complaint with the WHD or file a private lawsuit seeking remedies such as lost wages, benefits, and job reinstatement.
Seek Legal Counsel For FMLA Issues from a Seasoned Employment Law Attorney
When it comes to matters concerning your employment, having a seasoned legal professional by your side can make all the difference. If you are facing FMLA issues, workplace disputes, discrimination, or any other employment-related issue, do not navigate the complexities alone. An experienced FMLA attorney with The Spiggle Law Firm is ready to provide you with the guidance and representation you deserve.
Call (202) 449-8527 or complete our contact form for a free case review.
References
[1] DC Department of Employment Services. (2025). Universal Paid Leave Act. Retrieved from
