When Hiring An FMLA Lawyer Can Prove Helpful

Posted on: 16 October 2020

Most employees today have the right to take off from work for medical and disability reasons. And yet, sometimes issues can come out when employees seek these breaks. If you're an employee currently dealing with the following particular work-leave situations, hiring an FMLA (Family and Medical Leave Act) attorney is a good idea.

Outright Denial

You may put in your request for medical or disability leave and have it denied. This shouldn't happen as there are laws in place to protect employees from this exact situation. So if you were denied these benefits of leave that you're entitled to, hire an FMLA attorney.

They'll respond to your employer with legal action if they don't put your request through. Most of the time, employers will respond positively as to avoid a time-consuming and costly legal trial. If they continue to deny your requests, the attorney can move the case up the legal chain swiftly.

Penalties For Asking Off

There are some employers today that will accept these requests for leave for medical or disability reasons, but they may put penalties in place. You should never be penalized for taking time off when it's appropriate, such as if you have COVID-19, and if you're in this situation, you should hire an FMLA attorney.

They'll follow up these penalties with a cease-and-desist notice, telling your employer to take these penalties off the table. You shouldn't be judged or get treated any differently for asking for time off from work. 

Pressuring to Come Back

There are employees that have no trouble getting their medical- or disability-related leave, even if they have COVID-19. Everything may go fine in this regard, but then their employers pressure them to come back. They may be hurting because of that employee's absence and want to do everything possible to rectify this void.

If you're ever put in this situation while on medical or disability leave, such as leave for COVID-19, contact an FMLA lawyer and have them reach your employer. They will tell your employer to cease contact until your medical or disability leave is over. You can then enjoy this time of absence and take care of what is important.

With any company, the occurrence of medical or disability leave may come up, especially during this era of COVID-19. It's reserved for employees that truly need it. If you're seeking it and getting any blowback or pause from an employer, hiring an FMLA attorney is an effective way to handle this situation and keep it from affecting your life. 

To learn more, contact a lawyer like a COVID-19 medical leave lawyer.

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