FMLA Lawyer — Oakland County, MI

Medical emergencies, caregiving responsibilities, childbirth, and serious health conditions can change a worker’s life instantly. In these moments, the last thing any Michigan employee should worry about is losing their job simply because they need time to heal or care for a loved one. That’s why medical leave protections matter—and why the Family and Medical Leave Act (FMLA) exists.

For qualifying Michigan employees, the FMLA guarantees the right to take job-protected leave without fear of punishment, retaliation, or replacement. When employers ignore these protections—by denying leave, delaying approval, demanding unlawful medical documentation, or retaliating after a request—they violate federal law and place workers in an impossible position.

Attorney Scott Batey is one of the leading employment lawyers in Oakland County, known for nearly 30 years of fierce advocacy on behalf of employees whose FMLA rights were denied or violated. Whether you were refused leave, disciplined for taking time off, or fired while caring for yourself or a family member, Batey Law is ready to fight for you with the strength, strategy, and precision your case deserves.

Understanding FMLA Rights in Michigan

Purpose of the FMLA

The FMLA was designed to ensure that employees don’t have to choose between their health and their paycheck. Its core goals include:

• Allowing employees to care for themselves or a family member without risking job loss
• Ensuring protected time for childbirth, adoption, or newborn bonding
• Safeguarding workers with chronic or serious medical conditions who need ongoing care

Who Is Eligible for FMLA Leave

Not all Michigan workers qualify, but many do. You may be eligible if:

• You’ve worked for your employer for at least 12 months
• You’ve worked 1,250 hours in the past year
• Your employer has 50 or more employees within a 75-mile radius

These rules can be confusing—especially when employers “miscalculate” hours or incorrectly claim an employee is ineligible. Batey Law can help determine your true eligibility.

Types of Leave Protected by the FMLA

FMLA protections apply to a wide range of situations, including:

• Your own serious health condition
• Caring for a spouse, child, or parent with a serious health condition
• Childbirth, adoption, or foster placement, including prenatal care and postpartum recovery
• Military caregiver leave
• Qualifying exigency leave related to active-duty military service

If your situation falls into one of these categories, your employer may be required to grant up to 12 weeks of job-protected leave.

What Counts as a Serious Health Condition

Chronic Conditions

Chronic medical conditions qualify when they require:

• Ongoing treatment
• Periodic appointments
• Intermittent leave for flare-ups

Examples include diabetes, asthma, migraines, autoimmune disorders, and long-term mental health conditions.

Sudden or Short-Term Serious Conditions

FMLA leave is also protected when the employee experiences:

• Hospitalization
• Major surgery
• Acute injuries
• Conditions requiring multiple treatments or follow-up care

Even short-term conditions qualify if they temporarily prevent you from performing essential job duties.

Mental Health Conditions

Mental health care is explicitly protected under the FMLA. Qualifying conditions include:

• Anxiety disorders
• Depression
• PTSD
• Bipolar disorder
• Other conditions requiring ongoing therapy or treatment

You do not need to explain private personal details to your employer—only provide the documentation that the law requires.

Pregnancy & Postpartum Conditions

Pregnancy-related medical needs and recovery from childbirth are among the most common FMLA categories, including:

• Prenatal appointments
• Pregnancy complications
• Bed rest ordered by a medical provider
• Labor, delivery, and postpartum recovery
• Bonding time with a newborn

FMLA guarantees that parents can prioritize health and family without fear of retaliation.

Understanding FMLA Violations

FMLA Interference

FMLA interference occurs when an employer disrupts, restricts, or prevents an eligible worker from using their lawful leave. Common examples include:

• Denying or delaying leave despite receiving proper notice
• Refusing to recognize a qualifying medical condition or demanding unnecessary proof
• Discouraging employees from taking leave, such as hinting that it will “hurt your career” or “create staffing issues”

Interference is illegal even if no discipline occurs—the act of blocking your leave rights alone is a violation.

FMLA Retaliation

Retaliation happens when an employer punishes an employee for requesting or using FMLA leave. These cases are often strong because retaliation tends to happen quickly and noticeably.

Examples include:

• Termination shortly after requesting leave
• Sudden write-ups or “performance improvement plans”
• Demotion, reduced hours, or unfavorable schedule changes
• Hostile treatment, including exclusion, criticism, or pressure to return early

Timing is often the key. If discipline happens soon after an FMLA request, it is rarely a coincidence.

Misuse of the “100% Healed” Requirement

One of the most common—and most unlawful—employer practices is requiring employees to be “100% healed” before returning to work.

This is illegal under:

• The FMLA
• The Americans with Disabilities Act (ADA)
• Michigan’s PWDCRA

Employees returning from leave may still have medical restrictions or need accommodations. Employers cannot refuse a return-to-work, force a resignation, or terminate an employee simply because they are not fully recovered.

Improper Documentation or Medical Certification Demands

Employers may request certification—but they often cross legal boundaries. Violations include:

• Requesting unnecessary or excessive medical details
• Demanding diagnosis information, which is not required
• Rejecting valid medical certifications
• Ignoring timely certifications and treating the leave as unexcused

When employers misuse paperwork to intimidate employees or deny leave, they violate FMLA regulations.

How Batey Law Investigates and Proves FMLA Violations

Understanding the Employee’s Experience

Scott begins by listening—carefully and in detail.

He examines:

• The medical needs involved
• The timing of requests and responses
• Specific interactions with HR and supervisors
• Any changes in treatment before or after the leave request

This helps establish both the facts and the employer’s motive.

Reviewing Documents and Evidence

Batey Law conducts a thorough review of all relevant records, including:

• Emails, text messages, HR communications
• FMLA forms, denial letters, certification requests
• Attendance logs and call-in records
• Performance reviews and discipline history
• Comparator evidence showing how other employees were treated

Even a single email or time-stamped document can reveal unlawful intent.

Identifying Violations and Legal Claims

After reviewing the evidence, Scott determines:

• Whether the employer committed interference
• Whether retaliation occurred
• Whether disability laws (ADA/PWDCRA) were also violated
• The strongest legal path to maximize recovery

Many FMLA cases also include disability discrimination, retaliation, or wrongful termination claims—dramatically increasing potential remedies.

Calculating Damages

Batey Law pursues every available form of compensation, including:

• Lost wages and benefits
• Future wage loss caused by damage to the employee’s career
• Emotional distress damages
• Reinstatement or front pay when returning to the job is no longer possible
• Attorney fees and equitable remedies

Scott’s objective is not just to win—but to fully compensate clients for all harms suffered.

What To Do If Your Employer Violated Your FMLA Rights

Steps to Take Right Away

• Gather all communication from HR or management
• Document conversations, deadlines, delays, or denials
• Keep copies of medical certifications and provider notes
• Save emails or messages showing pushback or hostility

These steps help preserve the evidence needed to prove your claim.

What Not to Do

Avoid actions that could weaken your case:

• Do not quit without speaking to a lawyer
• Do not sign a severance, write-up, or HR agreement
• Do not assume HR is accurately interpreting the law

Companies often misstate FMLA rules—sometimes intentionally.

When to Contact an FMLA Lawyer

You should contact Batey Law immediately:

• As soon as FMLA leave is denied or delayed
• If discipline or termination occurs after your request
• When HR gives unclear, conflicting, or incorrect instructions
• If your job is threatened during leave or upon return
• If you are pressured to return early or punished for taking leave

Early intervention can protect your job—and build a stronger case.

Reclaim Your Leave, Reclaim Your Power

When your health, your family, or your financial future is on the line, you cannot afford hesitation—and you should never face an employer’s unlawful conduct alone. The FMLA protects your right to take time off without fear of losing your job, your income, or your career opportunities. When employers deny leave, interfere with your rights, or retaliate against you for choosing your wellbeing, they violate federal law and the trust every worker deserves.

Attorney Scott Batey brings nearly three decades of experience standing up to employers of all sizes, from local businesses to large corporations across Oakland County and beyond. He knows how to expose unlawful behavior, prove retaliation, and hold companies accountable for the harm they cause. With strategic precision and a relentless commitment to justice, Batey Law is prepared to fight for the full protection—and full compensation—you are entitled to under the law.

Contact Batey Law Firm, PLLC

Batey Law Firm, PLLC
30200 Telegraph Rd., Suite 400
Bingham Farms, MI 48025

Phone: 248-540-6800
Website: www.bateylaw.com
Email: sbatey@bateylaw.com