District of Columbia Family Medical Leave Act

Asked almost 2 years ago - Washington, DC

I have a scenario surrounding DCFMLA. Say I took 16 weeks of medical leave; however, the medical leave expired and I was unable to return to work. I was still in unpaid status with the company when my leave expired. I then had my baby which entitled me to the family portion of DCFMLA, which was eventually approved by the company. The company tried to terminate me while I was on family leave, but could not because I was entitled to the leave. However, now they won't reinstate me or find me an equivalent position because they are alleging my time had ran out with the medical portion of the leave and I am not entitled to reinstatement. I was never terminated when the leave expired.

Additional information

Furthermore, when I requested the leave no one at the company sent me written notice of my rights for leave within the 5 days required by the DCFMLA. Notice was sent until 25 days later. Point blank, the company had no idea I was entitled to this leave. Shouldn't I be reinstated or they find me an equivalent position upon my return from family leave?

Attorney answers (1)

  1. Howard Benjamin Hoffman

    Contributor Level 10


    Lawyer agrees

    Answered . As I understand DCFMLA (and your question), you get 16 weeks TOTAL. You do not get 16 weeks for medical leave and another 16 weeks for the birth of a child.

    Howard B. Hoffman
    (301) 251-3752

Related Topics


Employment law governs employee pay, non-discrimination policies, employment classifications, and hiring and firing at the federal, state, and local levels.

Elizabeth Raye Ison

Pantoja v. Anton

In Pantoja v. Anton, a California Court of Appeal (Fifth Appellate District) overturned a trial courts decision to exclude me too evidence presented by the plaintiff; that is, testimony... more

FMLA (Family and Medical Leave Act) and employees

FMLA (Family Medical Leave Act) is a law that requires employers to protect their employees' jobs if they take time off for medical reasons such as child birth.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.


Ask now

25,690 answers this week

3,033 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,690 answers this week

3,033 attorneys answering