3 Times To Talk To An FMLA Lawyer

Employers have to allow qualifying employees to take leave for medical or caretaking reasons under the Family and Medical Leave Act (FMLA). However, employers sometimes fail to meet their obligations when you apply for leave that you are entitled to take.

If you are having difficulties with your employer, then you might need to consult an FMLA lawyer. When might you need to do this?

Your Employer Won't Approve Your Leave

Some employers won't approve FMLA leave even if an employee is entitled to take it. Sometimes the employer doesn't fully understand how the system works; other times, they try to persuade or force an employee not to take leave.

For example, an employer might discourage someone from taking leave when they apply for it. They might tell an employee that their leave falls at an inconvenient time or that they haven't given the right notice. They might put pressure on the employee to withdraw their application because it doesn't suit them to approve it.

Employers shouldn't try to persuade, threaten, or force you not to take your FMLA leave. As long as you qualify for leave, you have a right to take it.

Your Employer Penalizes You For Taking Leave

Some employers treat people who take FMLA leave differently. They take steps against them that are not always legal. For example, an employer might tell an employee that they can't go back to their old job when they come back to work. They might try to force the employee to take a different job in the company, Or they might make changes to their benefits package or refuse to give planned bonuses or salary raises.

Employers shouldn't punish you for taking this legal leave. You have a right to return to your old job under the same conditions. You shouldn't be punished because you had to take an FMLA break.

Your Employer Won't Adapt Your Working Conditions

Some people can't do their jobs in the same way after FMLA leave. For example, illness or disability might affect their ability to work. Employers have a responsibility to make changes that enable employees to do their old jobs if this is practicable. Your employer shouldn't refuse to make these changes if they have a legal responsibility to do so.

If you are having problems with your employer over your rights before, during, or after FMLA leave, then contact an FMLA lawyer. They can help you assess your case and represent you if you need further help.

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