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Government contractor with less than 50 employees but more than 8. Are they still under the FMLA?

Washington, DC |

Hi, I'm working on government contract located in Washington, DC. The company that has been awarded the contract is located in Maryland. I have been working for the client for the last 2 1/2 years on site in Washington, DC. I'm pregnant and I will be going out on maternity leave within the month. The company I'm working for has notified me that they do not fall under any federal law. Are they under the FMLA act or any other law that will protect my position? Thanks for the advice!!!

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Rixon Charles Rafter III

Rixon Charles Rafter III


A small company can still fall under FMLA if the company did have at least 50 employees for 20 weeks in a current or previous year--so if they've dipped below 50 they MIGHT still fall under FMLA.


Even if the Federal FMLA does not apply, the DC FMLA will cover you, if it has 20 or more employees working in the District. So under the DC FMLA, your employer has to provide you w/16 weeks (every 24 months) of unpaid medical leave. You may also be covered under the Pregnancy Discrimination Act (PDA) - which simply means they cannot terminate you b/c you are pregnant. The same applies under the DC FMLA, if your employer harasses you, or terminates you b/c you requested leave under the DC FMLA.

See the link below on additional information on the DC FMLA and the PDA

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