FMLA & ADA Lawyer in Bingham Farms, Michigan

It depends on which FMLA “12-month method” your employer uses. Employers can choose from four methods, including: Calendar year (January–December) Rolling backward from the date leave is used Fixed year (like a fiscal year) Your 1,250-hour eligibility requirement does not “reset” automatically on January 1 unless your employer uses the calendar-year method. Ask HR (in writing) which method applies. Employers must apply the method consistently.

Generally no—not if the absences are protected. If your leave qualifies under ESTA, FMLA, or ADA, firing you for using legally protected time is unlawful retaliation. However, absences not covered by these laws can trigger attendance policies. If your employer suddenly becomes stricter after you start using protected sick time, that’s a warning sign.

Under Michigan’s revived Earned Sick Time Act decisions in 2023 litigation, eligible employees may use paid sick time for: Flu or other illnesses, Care of a sick family member, Medical appointments, or School/childcare closures for health reasons. Employers cannot discipline you for protected sick-time use, even if holiday staffing is tight. They can require notice according to their written policy, but they cannot punish legitimate ESTA use. Always follow the call-in procedure and keep a record of the request.

While you’re on FMLA, your employer must continue your group health insurance just as if you were still working. That means the same coverage, the same plan, and the same employer contribution. The only catch? You’ll still need to pay your share of the premiums, just like when you’re on payroll. Usually that’s arranged through direct payments or deductions once you return. If your employer stops paying their portion or drops your coverage, that’s an FMLA violation — and it can be corrected or compensated through legal action. Your health insurance stays in place. You keep paying your part; they have to keep paying theirs.

Absolutely not. It’s illegal for your employer to fire, discipline, or retaliate against you for using FMLA leave — or even for requesting it. That means: You can’t be demoted or lose pay for taking approved leave. You can’t get negative performance marks tied to your absence. You can’t be replaced while you’re out. If your employer suddenly changes your role, criticizes your attendance, or “restructures” you out of a job right after you take leave — those are red flags for retaliation. That’s exactly the kind of situation Batey Law handles every day. You have the right to take care of yourself or your family without losing your job for it.

No, not for actual work. While on FMLA, your employer can reach out for administrative reasons — like asking where you left a project or checking your return date — but they can’t expect you to work or meet deadlines. If you’re being called, emailed, or pressured to perform tasks during your leave, that’s not okay. FMLA leave is meant to let you focus on your health or your family, not sneak in part-time work from home. A quick call to locate a file? Fine. Expecting you to “hop on a Zoom”? Not fine.

If you know you’ll need leave in advance — like for surgery, childbirth, or a scheduled treatment — you should give your employer at least 30 days’ notice. That’s the standard under the Family and Medical Leave Act (FMLA). But life isn’t always that neat. If something unexpected happens — an emergency hospitalization, a sudden diagnosis, a family crisis — you just need to tell your employer as soon as possible. The law recognizes that sometimes you can’t plan ahead, and your right to FMLA protection doesn’t disappear because of that. Give as much notice as you reasonably can. If you can’t, communicate quickly once you’re able.

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.

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.

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.

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.

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.

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

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

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

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

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.