The Family and Medical Leave Act of 1993 (“FMLA”) is a federal law that requires “covered employers” to provide up to 12 weeks of job-protected unpaid leave during any 12 month period to “eligible” employees for specific reasons, including for the birth or placement of a child, to care for a family member with a serious health condition or because of the employee's own serious health condition.

In order to be covered by the provisions of the FMLA and have a corresponding obligation to provide leave to eligible employees, an employer must employ at least 50 employees within a 75 mile radius of the employee's worksite.  In addition, to be deemed an “eligible employee,” and employee must have been employed for at least 12 months and worked at least 1250 hours in the past year.

Marc has experience advising employers with respect to their obligations under the FMLA and its implementing regulations as well as with respect to the often complex interplay between the provisions of the FMLA, the Fair Labor Standards Act and the American's with Disabilities Act.  Marc has also represented employees who have been denied leave or other rights under the FMLA or who have been unlawfully retaliated against because of their use of leave provided by the FMLA

Representation Of Employers And Employees

The Law Office of Marc J. Smith, LLC is a boutique employment law practice based in downtown Rockville, Maryland near the Montgomery County Circuit and District Courts. The Firm’s practice focuses exclusively in the employment law arena and provides counseling, litigation and a wide range of other employment-related services to employers and employees throughout the State of Maryland, Washington D.C. and other jurisdictions. The Firm also represents individuals who have failed to register with the Selective Service System and who are trying to apply for or maintain federal employment.