Family Medical Leave Lawyer: When You Need One & How to Find Help
A family medical leave lawyer helps employees whose rights under FMLA, state PFML programs, or other leave laws have been violated. Most employment attorneys offer free initial consultations and work on contingency—meaning you pay nothing unless you win.
When Do You Need a Family Medical Leave Lawyer?
Contact an attorney if you've experienced any of these situations
Wrongful Termination
- •Fired while on approved leave
- •Laid off shortly after returning from leave
- •Position "eliminated" after leave request
Leave Denial
- •Employer refused FMLA or PFML request
- •Told you don't qualify when you believe you do
- •Required to use PTO instead of protected leave
Retaliation
- •Demoted after taking leave
- •Hours reduced after returning
- •Negative performance review tied to leave
- •Passed over for promotion
- •Hostile treatment from supervisor
Employer Interference
- •Discouraged from taking leave
- •Pressured to return early
- •Not informed of your leave rights
- •Required to work while on leave
Benefits Violations
- •Health insurance terminated during leave
- •Not restored to same or equivalent position
- •Lost seniority or accrued benefits
What Does an FMLA Lawyer Do?
Laws That Protect Your Leave Rights
Federal Laws
| Law | Coverage | Protection |
|---|---|---|
| FMLA | Employers with 50+ employees | 12 weeks unpaid, job-protected leave |
| ADA | Employers with 15+ employees | Reasonable accommodations for disabilities |
| Pregnancy Discrimination Act | Employers with 15+ employees | Can't discriminate based on pregnancy |
Minnesota State Laws
| Law | Coverage | Protection |
|---|---|---|
| Minnesota PFML | Nearly all employers | Up to 20 weeks paid leave (starting 2026) |
| MN Parenting Leave Act | Employers with 21+ employees | 12 weeks unpaid for birth/adoption |
| MN Human Rights Act | Employers with 1+ employees | Pregnancy & disability discrimination |
| Earned Sick and Safe Time | All MN employers | 48 hours/year paid sick time |
What Can You Recover in an FMLA Lawsuit?
Economic Damages
- Back pay (lost wages)
- Front pay (future lost wages)
- Lost benefits (health insurance, retirement)
- Out-of-pocket expenses
Additional Damages
- Liquidated damages (double back pay in willful violations)
- Compensatory damages (emotional distress)
- Punitive damages (in egregious cases)
- Attorney's fees and court costs
Average FMLA Settlements: $15,000 - $100,000+
Varies based on case facts, lost wages, and employer conduct
How to Find a Family Medical Leave Lawyer in Minnesota
Free Resources
| Resource | Contact | Services |
|---|---|---|
| Minnesota State Bar Lawyer Referral | (612) 752-6699 | Free 30-minute consultation |
| Mid-Minnesota Legal Aid | (612) 332-1441 | Free help for low-income workers |
| Volunteer Lawyers Network | (612) 752-6677 | Pro bono employment cases |
| EEOC Minneapolis | (800) 669-4000 | File discrimination complaints |
| MN Department of Labor | (651) 284-5070 | Wage and leave complaints |
Finding a Private Attorney
Questions to Ask During Free Consultation
How to Document Leave Violations
If you suspect your rights are being violated, start documenting now
Save Everything
- • Emails about your leave request
- • Text messages from supervisors
- • Performance reviews (before and after leave)
- • Written policies/employee handbook
- • Doctor's notes and certifications
- • Pay stubs showing lost wages
Keep a Timeline
- • Date you requested leave
- • Date leave was approved/denied
- • Any conversations about your leave
- • Retaliatory actions with dates
- • Witnesses to incidents
Don't
- • Sign severance agreements without legal review
- • Discuss your case on social media
- • Delete any communications
- • Resign without consulting an attorney
Minnesota PFML and Legal Rights (2026)
Minnesota's new PFML program includes strong employee protections:
If your employer violates Minnesota PFML rights, you can:
- 1File a complaint with MN Department of Employment and Economic Development (DEED)
- 2Sue in state court for damages
- 3Recover back pay, benefits, and attorney's fees
Frequently Asked Questions
How much does an FMLA lawyer cost?
Most FMLA lawyers work on contingency, meaning you pay nothing upfront and they take 25-40% of any settlement or award. Initial consultations are typically free.
Can I sue my employer for denying FMLA leave?
Yes. If your employer wrongfully denied FMLA leave, retaliated against you, or interfered with your leave rights, you can file a lawsuit to recover damages including back pay, benefits, and attorney's fees.
How long do I have to file an FMLA lawsuit?
You have 2 years from the date of the violation to file an FMLA lawsuit, or 3 years if the violation was willful. For discrimination claims (EEOC), you typically have 180-300 days.
What is the average FMLA lawsuit settlement?
FMLA settlements typically range from $15,000 to $100,000 or more, depending on lost wages, employer conduct, and case strength. Cases involving termination generally settle higher.
Can my employer fire me for taking FMLA leave?
No. It's illegal to fire, demote, or retaliate against an employee for taking FMLA leave. If this happened to you, contact an employment attorney immediately.
Do I need a lawyer to file an FMLA complaint?
No, you can file complaints with the Department of Labor or EEOC yourself. However, consulting a lawyer (usually free) helps you understand your options and maximize recovery.