Washington, D.C., Sick Leave Lawyers

Challenging Denials and Retaliation in the District of Columbia & Maryland

Sick leave is an essential employee benefit that supports health and well-being in the workplace. It allows employees to fully recover from illnesses without the pressure of losing income or their employment. This protection, in turn, can enhance productivity and morale and reduce presenteeism—the problem of employees coming to work ill, which can lead to reduced efficiency and the spread of illness. Understanding these rights is crucial in an area as bustling as Washington, D.C., where the confluence of federal and local laws creates a complex legal landscape.

Employees in Washington, D.C., are protected by local statutes and federal regulations that govern sick leave. However, the intricacies of these laws can sometimes lead to confusion and misinterpretation, resulting in the denial of rightful claims. Recognizing when your rights have been violated is the first step in correcting a wrong. For instance, if an employer unlawfully denies sick leave, it’s essential to recognize that this is against the law and understand the appropriate steps to challenge such a decision.

Since 1997, Melehy & Associates LLC has been championing the rights of wronged employees. Our team consists of tough negotiators and skilled litigators committed to pursuing the justice our clients deserve. We understand the nuances of sick leave laws and are prepared to guide you through challenging any rights violations. 

If you were wrongly denied sick leave in Washington, D.C., our attorneys can provide a clear understanding of your legal options. Call us at (301) 205-5276 or message us online.

Legal Entitlements to Sick Leave Under D.C. and Federal Laws

In Washington, D.C., the specifics of sick leave entitlements are particularly favorable to employees. According to the Accrued Sick and Safe Leave Act, employees accrue paid sick leave at a rate determined by the number of hours worked and the size of their employer. 

The eligibility criteria for benefits under the Act include the following:

• Employees must work at least 50% of their time within the District of Columbia
• Employees need to work a certain number of hours to accrue one hour of sick leave
• Employees must have a medical condition or need to care for an ill family member
• Employees must be obtaining medical care
• Employees must be caring for a family member who is receiving medical care
• Employees or their family members must be a victim of domestic violence, stalking, or sexual assault

The amount of sick leave an employee can accrue annually depends on the employer's size, with different tiers for small, medium, and large employers. While small employers offer lower total accrual limits, larger employers must provide more extensive benefits. Employees are restricted in the amount of sick leave they can use in one calendar year, capped at the maximum accrued hours.

On the federal level, while there is no mandated paid sick leave, the Family and Medical Leave Act (FMLA) provides for unpaid sick leave for qualifying reasons. This leave is protected, meaning that employees can take it without fear of losing their jobs or retaliation from their employer. Eligibility for FMLA requires that the employee has worked for the employer for at least one year and a minimum of 1,250 hours during the 12 months before the start of leave.

Qualifying reasons for leave include the following:

• Birth of a child
• Bond with a foster or adoptive child
• Care for an immediate family member with a serious health condition
• Receive care or recover from an employee’s own serious health condition
• Exigent circumstances for a military family member

These laws support employees during critical times of need, preventing them from having to choose between their health (or family commitments) and their livelihood.

Recognizing Challenges with Sick Leave

Despite clear legal frameworks intended to protect employees, challenges persist in implementing and adhering to sick leave rights. These difficulties can manifest in several ways, impacting employees' health and financial stability.

Below are common issues with sick leave:

• Denial of legally entitled sick leave
• Employer retaliation for taking sick leave
• Termination of an employee who takes sick leave
• Misclassification of employees to avoid providing sick leave

Employees whose rights have been violated can pursue legal action against their employer. This action can include filing complaints with local or federal labor departments overseeing employment and law enforcement. Employees may seek reinstatement if terminated for asserting their right to sick leave. Additionally, employees can claim payment for any paid sick leave their employer unlawfully withheld.

What to Do If Your Sick Leave Is Unlawfully Denied

Being denied sick leave you are legally entitled to can be frustrating and detrimental to your health and well-being. Knowing the steps to take following such a denial can help safeguard your rights and allow you to seek the benefits you deserve.

If your employer has unlawfully denied your sick leave or retaliated against you for exercising your rights, be sure to:

• Document everything
• File a claim
• Consult with an employment law attorney

How We Can Help

Melehy & Associates LLC is deeply committed to defending the rights of employees in Washington, D.C., especially when it comes to navigating the complexities of sick leave laws. With a strong foundation in employment law and a thorough understanding of employee rights, our firm can competently advocate for workers who face issues with their sick leave. Our team takes the time to understand our clients’ circumstances and crafts tailored legal strategies to protect their interests and seek favorable outcomes.

If you are an employee in Washington, D.C., facing challenges with your sick leave, please schedule a consultation with one of our lawyers by calling (301) 205-5276.