Before delving into the role of an FMLA lawyer, it’s essential to understand the FMLA itself. Enacted to balance the demands of the workplace with the needs of families, the FMLA provides eligible employees with up to 12 weeks of unpaid, job – protected leave per year. This leave can be taken for various reasons, such as the birth or adoption of a child, to care for a seriously ill family member, or due to the employee’s own serious health condition. For example, a new mother can take FMLA leave to bond with her newborn without fear of losing her job. Similarly, an employee whose spouse has a critical illness can use FMLA leave to provide care.
When Do You Need an FMLA Lawyer?
- Employer Non – Compliance
One of the most common scenarios where an FMLA lawyer becomes invaluable is when an employer fails to comply with the FMLA. This could manifest in several ways. An employer might deny an employee’s legitimate FMLA leave request. For instance, if an employee provides proper medical documentation for a serious health condition but the employer still refuses the leave, an FMLA lawyer can step in. The lawyer will review the case, ensure that all the FMLA eligibility criteria were met, and if necessary, take legal action against the employer. - Interference with Rights
Employers may also interfere with an employee’s FMLA rights in more subtle ways. They might try to pressure an employee to return to work before the FMLA – approved leave period is over. In such cases, the employee may feel coerced and unsure of how to respond. An FMLA lawyer can communicate with the employer on the employee’s behalf, reminding them of their legal obligations under the FMLA. - Discrimination and Retaliation
Sadly, some employers engage in discrimination or retaliation against employees who take FMLA leave. This could involve passing over the employee for a promotion, reducing their hours, or even terminating their employment. If an employee suspects such discrimination or retaliation, an FMLA lawyer can help gather evidence, such as performance reviews before and after the leave, communication records, and witness statements. The lawyer will then file a claim on the employee’s behalf, seeking remedies such as reinstatement, back pay, and compensation for damages.
The Role of an FMLA Lawyer
- Legal Expertise and Guidance
FMLA lawyers have in – depth knowledge of the FMLA and its regulations. They can explain the complex legal jargon in plain language to their clients. For example, they can clarify the difference between a “serious health condition” as defined by the FMLA and a minor illness. They also guide employees through the entire FMLA process, from understanding how to request leave properly to what to do if there are disputes during or after the leave. - Case Evaluation and Strategy Development
When an employee approaches an FMLA lawyer with a potential case, the lawyer first conducts a thorough evaluation. They review all the relevant documents, including medical records, correspondence with the employer, and any previous FMLA – related communications. Based on this evaluation, the lawyer develops a personalized legal strategy. If the case is strong, they may aim for a quick settlement through negotiation with the employer. However, if the employer is uncooperative, the lawyer will be prepared to take the case to court. - Advocacy in Negotiations and Litigation
In negotiations with the employer or their legal representatives, an FMLA lawyer is a powerful advocate for the employee. They present the facts of the case clearly and forcefully, highlighting the employer’s violations of the FMLA. If the case proceeds to litigation, the lawyer will represent the employee in court. They will call witnesses, present evidence, and make legal arguments to ensure that the employee’s rights are protected and that they receive the compensation and remedies they deserve.
