When Should You Contact An FMLA Lawyer

Posted on: 14 June 2022

The Family and Medical Leave Act (FMLA) requires employers to grant eligible employees time off work for their healthcare and caretaking needs. Therefore, when you request your employer for time off, they act should guide you. Unfortunately, there are some situations where your employer doesn't give honor their part. 

Here are situations that might necessitate you contacting an FMLA lawyer.

1. Denial of Services During Your Leave

Your employer has no right to cut off your health insurance benefits during your FMLA leave as long as you keep up to date with your regular premiums. They must provide a written guide on how and when you pay your premiums. Your employer is only eligible to cut your health benefits if your payments are more than 30 days late.

In the case of termination of your health insurance, your employer should provide you with a written notice and an opportunity to correct your delayed payment. In a case where you know you are compliant with your health insurance benefits and your employer is denying you, you should seek an FMLA lawyer.

2. Disruption of Your Leave

An employer might contact you periodically as a courteous checkup and to know your plans on when you intend to resume work. However, some employers might be over persistent. It becomes a disturbance when your employer wants you to work during leave and pressures you to return to work early.

Sometimes employers miscalculate your time for leave. For example, some employers count your leave as beginning from the day you filed for leave which is wrong. FMLA law states that your leave gets calculated in work hours begins on the date your leave begins.

If you feel that your employer won't leave you alone during your leave days, you should talk to an FMLA lawyer.

3. Trouble Getting Back to Work

According to the FMLA law, your employer should not use your leave to retaliate or take advantage of you. If your employer denies you work or disciplines you over leave, you should contact an FMLA lawyer. These instances include delaying your return to work, changing positions, and reducing your benefits.


You should contact an FMLA lawyer if you think your employer has violated FMLA laws. The lawyer will review your situation and the legal problems through how your employer treated you and guide you on what to do next. It may include contacting your employer on your behalf, writing a formal letter, or filing a lawsuit in court.