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FMLA

FMLA Attorney in Washington, DC

Over 15 Years Representing Federal & Private Sector Employees in Leave Disputes

When an employer denies, interferes with, or retaliates against a protected leave request, you need attorneys who know both the federal Family and Medical Leave Act and the District’s own leave statute. At Pitre & Associates, we represent federal agency employees and private sector workers in Washington, DC, Northern Virginia, and Southern Maryland, drawing on over 15 years of federal employment law experience to evaluate each situation and identify the strongest path forward.

Our practice centers on federal employment law, including discrimination, wrongful termination, and whistleblower protection. FMLA violations frequently intersect with those areas, and we approach each leave dispute with that broader context in mind.

If your employer has denied or interfered with leave you’re entitled to, call (202) 759-6544 to schedule a free initial consultation with our attorneys.

Federal FMLA Eligibility & Core Protections

The federal Family and Medical Leave Act applies to private employers with 50 or more employees within 75 miles of the worksite. To be eligible, an employee must have worked for that employer for at least 12 months and logged at least 1,250 hours during the preceding 12-month period. Eligible employees may take up to 12 weeks of unpaid, job-protected leave per year for a serious health condition of their own, to care for a spouse, child, or parent with a serious health condition, for the birth or adoption of a child, or for a qualifying military exigency. Employees caring for a covered service member may take up to 26 weeks.

Two protections apply throughout the leave period. First, the employer must continue group health insurance on the same terms as before leave began. Second, the employee is entitled to return to the same position or an equivalent one. Leave may also be taken intermittently or on a reduced schedule when medically necessary, which matters for employees managing chronic conditions or ongoing treatment.

How the DC Family & Medical Leave Act Differs

The DC Family and Medical Leave Act (codified at D.C. Code § 32-501 et seq.) extends job-protected leave rights beyond what federal law requires. DC employers with 20 or more employees are covered, a notably lower threshold than the federal law’s 50-employee requirement. Eligibility requires 12 months of employment (which need not be consecutive) and 1,000 hours worked, again a lower bar than the federal FMLA’s 1,250-hour requirement.

The leave amounts are also more generous. Eligible employees may take up to 16 weeks of unpaid family leave plus 16 weeks of unpaid medical leave within any 24-month period. When an employee qualifies under both statutes, the leave runs concurrently rather than stacking. DC also has a separate Paid Family Leave program administered by the Department of Employment Services, which provides wage replacement but does not itself provide job protection. The DC FMLA and the federal Family and Medical Leave Act provide the job protection. Paid Family Leave provides the pay. These are distinct programs with different requirements.

Our Record in Employment Disputes

Our attorneys have negotiated over $8 million in compensatory awards and attorney fees for clients. Pitre & Associates and its attorneys have maintained an impeccable record with no complaints to the DC Bar and no negative reports to the Better Business Bureau. Our attorneys bring combined backgrounds in corporate, criminal, and civil law, which adds perspective when an FMLA dispute touches broader employment or agency conduct issues.

We provide support from the initial consultation through hearings and appeals, keeping clients informed at each stage. Each case receives a strategy built around its specific facts.

Why Choose Pitre & Associates?

  • Expertise

    Our attorneys bring over 15 years of experience in federal employment law, specializing in complex legal matters like discrimination, wrongful termination, and whistleblower protections. We are committed to staying at the forefront of legal developments to provide the most effective strategies for our clients.

  • Results

    Our attorneys have successfully negotiated over 8 million dollars in compensatory awards and attorney fees for clients. We’ve also prevented the removal and/or suspension of several federal employees, demonstrating our ability to achieve favorable outcomes. See our News and Case Successes for more details.

  • Reputation

    Pitre & Associates, LLC and its attorneys have maintained an impeccable record with no complaints to the DC Bar or negative reports to the Better Business Bureau. Our reputation reflects our commitment to professionalism, ethical standards, and high-quality service for every client.

  • Reliability

    Pitre & Associates, LLC has built a reputation for trust, earning the confidence of nearly every client we represent. Our personalized approach makes clients feel valued, and we take great pride in achieving high levels of satisfaction by focusing on their unique needs and providing exceptional service.

FMLA for Federal Government Employees in Washington, DC

Federal agency employees are covered by Title II of the FMLA, administered through their employing agency rather than through the Department of Labor. This distinction matters because federal employees generally can’t bring a private lawsuit in federal court for a Title II FMLA violation. Courts haven’t found that Congress waived the federal government’s sovereign immunity on this provision, which means the enforcement path looks different than it does for private sector workers.

Administrative Channels for Federal Employees

Federal employees can raise an FMLA violation through an agency administrative grievance, through a grievance under a collective bargaining agreement if one applies, or as a defense in a disciplinary or adverse action such as a proposed removal or suspension. Federal employees also can’t be required to substitute paid leave for any part of their FMLA leave. We represent federal employees in Merit Systems Protection Board (MSPB) appeals, Individual Right of Action (IRA) appeals, and Office of Special Counsel (OSC) whistleblower retaliation complaints, and we evaluate each client’s situation to determine which channel fits their circumstances.

Common FMLA & DC FMLA Violations

Violations aren’t always obvious. Common ones include outright denial of an eligible leave request, interference or discouragement that causes an employee not to take leave, miscalculation of eligibility hours, and failure to restore an employee to the same or an equivalent position after leave ends. Retaliation for requesting or taking protected leave is prohibited under both statutes.

One point employees often don’t realize: you don’t need to use the words “FMLA” or “Family and Medical Leave Act” when making a request. Giving your employer enough information to recognize that the need qualifies is sufficient. Under the DC FMLA, an employer found liable may owe lost wages, salary, and benefits with interest, consequential damages up to three times the lost earnings in some cases, plus reasonable attorney fees and costs. We evaluate each case to identify the most strategic course of action and help clients understand every available option.

Start with a Free Consultation

If you’re a federal or private sector employee in Washington, DC facing a denied leave request, retaliation for taking leave, or a return-to-work dispute, we can assess your situation and explain your options at no cost. Contact Pitre & Associates at (202) 759-6544 to schedule your free initial consultation.

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