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Leave Law

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Labor and EmploymentCompliance

We advise employers on compliance with FMLA, ADA, state leave laws, and company leave policies, helping navigate the complex intersection of leave entitlements and attendance management.

Navigating Complex Leave Requirements

Leave administration involves overlapping federal, state, and local requirements. MC Law's Leave Law practice helps employers manage leave compliance while maintaining productive workplaces.

FMLA Compliance

The Family and Medical Leave Act creates significant obligations. We advise on eligibility determinations, serious health condition certification, intermittent leave management, and reinstatement requirements. We help employers develop FMLA policies and train administrators.

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Employment Litigation

Frequently asked questions

The Family and Medical Leave Act provides eligible employees up to 12 weeks of unpaid, job-protected leave per year for qualifying family and medical reasons. It applies to employers with 50 or more employees and employees who have worked at least 12 months and 1,250 hours.

Many states provide broader leave protections than FMLA, including lower employer size thresholds, expanded qualifying reasons, paid leave requirements, and longer leave durations. Employers must comply with both federal and state requirements, applying whichever is more favorable to the employee.

The ADA requires reasonable accommodations for disabilities that may include modified schedules or leave as an accommodation. FMLA provides leave for serious health conditions. Both laws may apply simultaneously, and employers must analyze obligations under each.

FMLA permits intermittent leave when medically necessary. Employers can require medical certification, track leave usage, and temporarily transfer employees to equivalent positions that better accommodate intermittent schedules, but cannot deny qualifying leave.

There is no federal paid sick leave mandate, but many states and localities require paid sick leave with varying accrual rates, caps, and usage rules. Employers must comply with all applicable laws and should track obligations across all locations where employees work.

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Discrimination

We defend employers against discrimination claims based on race, sex, age, disability, religion, and other protected characteristics, and advise on compliance with anti-discrimination laws.

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Retaliation

We defend employers against retaliation claims arising from protected activity including discrimination complaints, whistleblowing, and leave requests.

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Policies and Procedures

We develop employment policies, employee handbooks, and workplace procedures that comply with applicable laws while supporting business operations and reducing litigation risk.

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People in this practice

CS
Casey Scott McKay
Attorney
Washington, D.C.
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