Victory for First Shift Client: Full DC FMLA Leave!
As a staff attorney at First Shift, I’m honored to work with a diverse group of caregivers and parents, such as mothers, family members, non-birthing guardians, fathers, and adoptive parents. Our goals are the same whether we are serving birthing or non-birthing parents: we help our clients assert their workplace rights and prevent job loss.
Recently, First Shift celebrated a win on behalf of one of our clients, Mr. A. I first spoke to Mr. A after a referral from one of our longtime partners, Victim Legal Network of DC. Mr. A’s daughter had tragically passed away, leaving behind 5 children. His 5 grandchildren were now in his care and he was looking to take family leave to provide support and stability during a traumatic time. His employer was forcing him to return to work part-time, even though Mr. A has the right to 16 weeks of continuous FMLA leave under the DC FMLA Act.
In my strategy and advice sessions with Mr. A, I advised him about DC FMLA, as well as other workplace rights: in DC, it’s unlawful for an employer to discriminate against an employee based on family responsibilities. After reflecting, Mr. A decided that he would prefer 16 weeks of continuous FMLA leave and not work part-time—to give him time to bond with his 5 grandchildren, as well as figure out arrangements for things like afterschool care and school transportation.
Mr. A tried to explain this to his employer, but they refused to listen. So, I sent a demand letter to Mr. A’s employer informing them of Mr. A’s workplace rights under DC FMLA and advocating for 16 continuous weeks of DC FMLA leave for Mr. A. After continued advocacy and discussion with the employer, we were successful: the employer retracted its earlier stance and approved Mr. A for 16 weeks of continuous DC FMLA leave!
With this good news, Mr. A breathed a sigh of relief—he now has more time to figure out next steps and to bond with his grandchildren. I made sure to let him know that he has additional rights as well: in DC, workers can take up to 24 hours of unpaid leave under the DC Parental Leave Act to attend school related activities, such as parent-teacher conferences, sporting events, and field trips. And in other good news, my colleague at First Shift was able to work with him to apply for DC Paid Family Leave: DC workers can get 8 weeks of paid parental leave.
We are thrilled that Mr. A is getting the FMLA leave he deserves and has the right to use. If you or someone you know is facing workplace justice issues related to pregnancy or parenting, please feel free to contact us at 202-644-9043 or complete an online intake.
By: Emily Chong
