Good Judgment. Wise Counsel. Aggressive Representation.

Family And Medical Leave Are Basic Employee Rights

The medical leave and disability rights lawyers at NachtLaw have the skills and experience to help you navigate the complex web of Michigan state and federal laws regarding medical leave, accommodations and disability discrimination, such as the Michigan Persons with Disabilities Civil Rights Act (PWDCRA), Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Whether you are facing discrimination or retaliation based on an ADA-recognized disability or you are simply seeking a reasonable accommodation or medical leave in your workplace, the employment and disability rights lawyers at NachtLaw will be by your side with knowledgeable advice and effective trial advocacy.

Fighting For Americans With Disabilities Act Protections

The ADA and similar state laws protect employees from discrimination and retaliation based on their disability, such as demotion, pay reduction or wrongful discharge. The ADA and Michigan disability laws also require employers to make reasonable accommodations for your disability. If you are fighting a disability and your requests for reasonable accommodation have been denied, if you have been retaliated against, if you confront a hostile work environment or if you have been wrongfully discharged because of an ADA-qualified disability, the lawyers at NachtLaw will be by your side to make sure you get the ADA rights you are entitled to receive.

Legal Alert: Substantial Changes To Federal Disability Law In 2009

Since the passage of the Americans with Disabilities Act in 1990, the U.S. Supreme Court made a number of rulings that have narrowed the scope of ADA protections. The effect has been that many individuals coping with commonly recognized disabilities simply are not covered under the Court’s reading of the ADA text. In response, Congress has recently enacted an ADA Amendments Act reversing many of the Court’s interpretations by restating and expanding the definition of “disability” and broadening the scope of protection under the ADA. Effective January 1, 2009, many of the old ADA cases interpreting ADA protection have been overruled by Congress and should be closely scrutinized. Many previous ADA cases will no longer reflect the law as amended. Don’t let a dispute over your medical needs cost you your job.

Fighting For Family And Medical Leave Act Protections

Uncontrollable life events or a serious health condition can pull you away from your job responsibilities. For times when these events are related to illness, the federal government enacted the Family and Medical Leave Act (FMLA). For qualifying employers, the FMLA protects employees in the event of serious medical emergencies, guaranteeing their ability to return to their same job after up to 12 unpaid weeks off from work for personal illness, child birth or adoption, or to tend to the long-term care of a family member. Unfortunately, the existence of FMLA protections does not ensure that employers will abide by them. If your employer has denied your request for leave under the FMLA, if you have been fired while on FMLA leave, or you have been fired or retaliated against for exercising your FMLA leave rights, come to the law offices of NachtLaw, P.C. From our offices in Ann Arbor, Traverse City and Birmingham, we provide skilled representation for employees who help untangle legal problems related to the FMLA.

Helping Employees At All Stages Of Their FMLA Matters

Our employment lawyers represent employees at all stages of their FMLA matters:

  • If you have requested time off under FMLA and you have been denied, we can help you negotiate with your employer regarding medical leave issues. Too often, employees who need to take medical leave attempt to continue working through illness — often leading to performance or attendance criticism. Make sure that you are able to take the leave you need. Come to our offices.
  • If you have been fired after requesting FMLA leave, we can effectively represent you. The government requires that employers provide FMLA leave to eligible employees, and it prevents employers from retaliating against employees who use this program.
  • If your employer has forced you to change shifts or otherwise limited your responsibilities after you requested FMLA leave, you may have legal recourse. Employers are not allowed to discriminate against employees who have taken FMLA leave.

Helping Employees With All Disability And Accommodations-Related Issues

In addition to FMLA rights, employees whose lives have been interrupted by disabilities may be entitled to other accommodations. Since its passage in 1990, the Americans with Disabilities Act (ADA) has worked to protect disabled workers from discrimination by requiring employers to make reasonable accommodations to disabled employees. ADA accommodations may include part-time or modified work schedules, special furniture or equipment, or reassigning disabled workers to vacant positions. The law under FMLA, ADA or similar Michigan disability laws is complex. Making the appropriate request leave or accommodations under the FMLA or ADA is crucial to protecting your rights. Unfortunately, legal expertise is required just to make a legally recognized request for accommodations or leave time. All too often, employees jeopardize FMLA or ADA rights they otherwise would have by failing to make a legally protected request or failing to challenge an independent medical exam. With careful and strategic advice, the disability and accommodations lawyers at NachtLaw can help you protect your job and receive the FMLA or ADA benefits to which you are entitled. If you have lost your job because of a serious medical condition or disability, our lawyers will fight for your FMLA or ADA rights or rights under Michigan disability law in court, and get you compensated for unlawful retaliation or refusal to accommodate your medical condition.

Ready To Assist You

Our lawyers are on the cutting edge of ADA law, up to date and able to navigate the complex new legal ADA framework to protect your employment rights. Come to our offices to discuss your options, effective strategies and potential legal remedies with an experienced employment disabilities lawyer. Contact our offices today to schedule a confidential consultation by calling 866-965-2488. We provide representation to individuals throughout Michigan and Ohio.