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Protect Your FMLA Rights: Times When Legal Representation Is Necessary

The Family and Medical Leave Act (FMLA) is an essential piece of legislation that protects eligible employees who need to take time off from work to address a serious health condition or care for a loved one. However, navigating the complex laws and regulations surrounding FMLA can be challenging, particularly when you need to file a claim or address violations.

If you've been denied FMLA leave, experienced retaliation for seeking leave, or believe that your FMLA rights have been violated, it may be time to consider hiring an FMLA lawyer. This article identifies two specific scenarios where hiring an FMLA lawyer may be necessary to protect your rights.

You've Been Denied FMLA Leave

Eligible employees have the right to take a maximum of 12 weeks of unpaid leave annually under the protection of FMLA. It should be for a qualifying condition, such as the birth or adoption of a child, a serious health condition that makes the employee unable to work or to care for a spouse, child, or parent with a serious health condition.

However, your employer could deny you the right to take this leave. In some cases, the employer may challenge the qualifying condition or require additional medical documentation. In others, they may claim that the employee is ineligible due to their length of service or the number of hours worked, even if the employee meets all of the legal requirements.

If you feel you have been wrongfully denied the right to take FMLA leave, consult a qualified lawyer. A skilled FMLA lawyer can help you build a strong case that demonstrates your eligibility and can guide you on how to best pursue a legal claim.

You've Experienced Retaliation for Seeking FMLA Leave

Employers are prohibited from retaliating against an employee for requesting or taking FMLA leave, including demotion, suspension, layoff, or termination. However, some employees may continue to experience retaliation for seeking and taking FMLA leave, including the denial of promotions or even changes in work conditions.

While this does not always indicate that you have a legal case, you should still consult an attorney if you believe this may be the case.

If you've experienced retaliation at work for seeking or taking FMLA leave, an FMLA lawyer can help you navigate the legal system and seek damages for your losses. You don't have to destroy your career or suffer in silence. An experienced FMLA lawyer can help you understand your rights and fight for the compensation you are entitled to. 

 For more info, contact a local professional like Allen D. Arnold Attorney at Law.