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.
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?
Employment / Labor Attorney
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
1 lawyer agrees