FMLA & ADA Lawyer in Bingham Farms, Michigan

When a health crisis hits—or a family member needs care—you shouldn’t have to pick between your job and doing what’s right. I’m Scott Batey. I represent employees across Michigan in FMLA (Family and Medical Leave Act) and ADA (Americans with Disabilities Act) matters: getting leave approved, securing reasonable accommodations, and fighting interference and retaliation when employers break the rules.

Do I Have an FMLA or ADA Case?

You may have a case if you were denied leave, pushed to return early, punished for taking/asking for leave, or refused a reasonable accommodation for a disability. Even in an at‑will state, these laws protect your job—and your health.

Quick tip: Write a timeline and save emails, doctor certifications, schedules, HR messages, and any write‑ups. Evidence wins cases.

FMLA Basics (Job‑Protected Leave)

Eligible employees (worked 12 months and 1,250 hours for a covered employer) can take up to 12 weeks of unpaid, job‑protected leave in a 12‑month period for:

• Your own serious health condition
• Bonding
with a newborn/adopted/foster child
• Care for a spouse, child, or parent with a serious health condition
• Certain military family needs (up to 26 weeks to care for a covered service member)

Common violations:

• Discouraging you from applying for leave or demanding you “wait until after the busy season”
• Counting FMLA time against attendance/points policies
• Requiring work while on leave or pestering you daily
Dropping health insurance during leave
Forcing early return or denying reinstatement to the same/equivalent job

Interference vs. Retaliation: Interference = blocking your rights (denial/delay/miscounting). Retaliation = punishing you for requesting or using FMLA (write‑ups, demotion, termination).

ADA & Michigan PWDCRA (Reasonable Accommodation)

If you have a disability (physical or mental impairment substantially limiting a major life activity), your employer must engage in the interactive process and provide a reasonable accommodation—unless it causes undue hardship. Michigan’s PWDCRA provides parallel state protections.

Examples of accommodations:

• Medical leave or intermittent leave (yes, leave can be an ADA accommodation)
• Remote/hybrid work, schedule changes, extra breaks
• Job restructuring or reassignment to an open position
• Assistive technology, equipment, or modified duties

Common violations:

• Ignoring your doctor’s restrictions or insisting on “100% healed”
• Delaying or denying the interactive process
• Retaliation after you request accommodation
• Forcing you into unpaid leave when a modest accommodation would work

How We Prove Retaliation

Timing & pattern

What changed after your report

Comparators

How similarly‑situated coworkers were treated

Policy deviations

Skipping steps, sudden rule changes

Pretext evidence

Shifting reasons, inconsistent documents

Paper trail


Emails, texts, HR tickets, performance history

How We Help

Evidence plan

Doctor certifications (WH‑380), emails, HR ticketing, time records, performance history, and attendance data

Agency filings

EEOC/MDCR/WHD strategy and deadlines

Negotiation & litigation

Demand letters, mediation, or filing suit

Damages focus

Back pay, front pay, compensatory damages, and attorney’s fees where statutes allow

What I Do for Wrongful Termination Clients

Fast case assessment

Timeline + documents review to identify the strongest legal theory

Evidence strategy

Preserve, collect, and organize proof (emails, chats, performance records)

Agency filings

EEOC/MDCR/WHD, where strategic

Negotiation & litigation

Demand letters, mediation, or filing suit when needed

Damages focus

Back pay, front pay, compensatory damages, possible punitive where available, and attorney’s fees where statutes allow

How I Help Employees

Fast case assessment

What happened, which laws apply, and your best next step

Evidence strategy

Preserve emails, texts, HR tickets, reviews, schedules, pay data

Agency filings

EEOC/MDCR, MIOSHA/OSHA, WHD (wage/hour), where strategic

Negotiation & litigation

Demands, mediation, or filing suit when needed

Damages focus

Back pay, front pay, compensatory damages, and fees where statutes allow

What To Do Right Now

1. Tell HR (in writing) that you’re requesting FMLA leave or an ADA accommodation. Use the words.
2. Provide medical support if requested (certification/notes).
3. Save everything: emails, policy excerpts, timecards, schedules, and any discipline.

Call us before any “fitness for duty” or termination meeting if you’re concerned.

Local, Employee‑Side Counsel

Batey Law serves Bingham Farms and nearby communities—Southfield, Birmingham, Royal Oak, Beverly Hills, Farmington Hills, Oak Park, Troy, Ferndale, Berkley, Madison Heights—and employees statewide. If you searched for: FMLA attorney Michigan, ADA accommodation lawyer Michigan, FMLA interference or retaliation, fired after medical leave…you’re in the right place.

How we build a winning case

Case Assessment

Timeline + document review to identify the strongest legal theories (ELCRA/Title VII/ADA/ADEA/PWDCRA).

Evidence Strategy

Preserve and organize emails, chats, write‑ups, metrics, schedules, comparators, and witness accounts.

Agency Filings

Personalized attention, clear communication, and strategies tailored to your goals.

Negotiation & Litigation

Demand letters, mediation, or filing suit—moving with purpose toward results.

Damages Focus

Back pay, front pay, compensatory damages, and attorney’s fees where statutes allow.

How We Help

Fast assessment

We identify the strongest legal theories and risks.

Evidence strategy

Preserve and organize messages, recordings where lawful, performance records, comparators, and witness accounts.

Agency Filings

We handle EEOC/MDCR strategy and deadlines.

Demand, negotiate, or sue

We push for corrective action and compensation; we litigate when necessary.

Damages Focus

Back pay, front pay, emotional distress, and attorney’s fees where statutes allow.

Free Consultation—Confidential & Straightforward

Call (248) 540‑6800 or email sbatey@bateylaw.com. Tell us what happened. We’ll explain your options, next steps, and how to stay safe at work.
Office: Batey Law Firm, PLLC 30200 Telegraph Rd., Suite 400, Bingham Farms, MI 48025

your legal questions

How do I request FMLA leave?

Here’s how to do it the right way: Notify your employer as early as possible — Ideally 30 days in advance if it’s foreseeable (like surgery or a due date). Submit a formal request — Follow your company’s policy (they may have a specific form). Provide medical certification — Your doctor will likely need to fill out paperwork confirming the condition qualifies under FMLA. Stay in communication — Especially if your return date changes or you need intermittent leave. Your employer must give you a Notice of Eligibility and your FMLA rights—so if that doesn’t happen, something may be wrong.

What is the Family and Medical Leave Act (FMLA)?

The FMLA is a federal law passed in 1993 that allows eligible employees to take up to 12 weeks of unpaid, job-protected leave per year for family or medical reasons. The goal? To balance work and family responsibilities without forcing you to choose between your paycheck and your health—or your family’s well-being. In Michigan, FMLA rights are often paired with state laws or employer policies, so it’s important to check what additional protections you might have too.

What types of leave are covered under the FMLA?

FMLA leave isn’t just for personal illness—it covers several important life events: Birth of a child and bonding time after childbirth (for moms and dads). Adoption or foster care placement of a child. Serious health condition — if it prevents you from working or if you need to care for a spouse, child, or parent with a serious condition. Military family leave — to care for a service member or handle qualifying exigencies when a loved one is deployed. It must be a serious medical condition—think hospitalizations, chronic illnesses, or conditions requiring ongoing treatment.

Who is eligible for FMLA leave?

To qualify for FMLA (Family and Medical Leave Act) leave, you must meet a few key requirements: Your employer must be covered — Typically, this means they have 50 or more employees within a 75-mile radius. You must have worked there for at least 12 months — These don’t need to be consecutive months. You must have worked at least 1,250 hours in the 12 months immediately before your leave — That’s roughly 24 hours per week. Example: If you work full-time at a large healthcare system in Michigan and have been there over a year, you’re probably covered.

FMLA interference vs. retaliation—what’s the difference in Michigan?

Great question—these are two separate but often linked violations: FMLA interference happens when your employer denies, discourages, or interferes with your right to take leave (like denying leave for a serious health condition or making you work while on leave). FMLA retaliation occurs after you’ve taken or requested leave and your employer punishes you for it (like firing, demoting, or reducing your hours). In Michigan, you're protected under the federal FMLA and also under state laws that may support medical leave or disability accommodation. If you suspect either interference or retaliation, you have a right to legal action.

What if my company says I must be “100% healed”?

That’s a red flag. Employers must consider reasonable accommodations that allow you to perform essential functions.

Is leave a reasonable ADA accommodation?

Often yes—especially short, fixed periods or intermittent time off tied to treatment

Do I have to disclose my diagnosis?

Usually HR needs functional limitations, not your full diagnosis. We’ll help tailor documentation to what the law requires.

Can my employer count FMLA absences against me?

No. Neutral attendance policies cannot penalize FMLA‑protected time off.

Am I eligible for FMLA?

If your employer is covered and you’ve worked at least 12 months and 1,250 hours in the last 12 months, likely yes. We’ll confirm and map the cleanest path.

Contact us

Need Legal Help With a Workplace Issue?

Get clear answers and a plan to protect your rights — starting with a free, confidential consultation.

248-540-6800
30200 Telegraph Road
Suite 400
Bingham Farms, MI 48025
United States

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