If you're taking FMLA leave for mental health (or physical health) reasons caused or worsened by your workplace, the timing of when you contact an attorney can make the difference between a successful resolution and having no options at all.
The Problem with Waiting
Many employees follow this pattern: workplace stress becomes unbearable, they request FMLA leave, take their 12 weeks off, and then—when they realize they can't return or their employer has made return impossible—they finally call a lawyer.
By then, it's often too late.
Once your FMLA leave expires and you cannot return to work, your employment relationship typically ends. At that point, you've lost the protection that comes from being an active employee with ongoing rights. Your employer has already made their decisions, and your options for negotiating a favorable severance or accommodation have significantly narrowed.
When Workplace Issues Lead to Medical Leave
If your need for FMLA leave stems from your employer's failure to accommodate your mental health needs or disability, you may have legal claims beyond just FMLA protection. But these claims are strongest while you're still employed or on protected leave.
Consider these situations:
- Your employer denied reasonable accommodations for anxiety or depression before you needed leave
- Workplace harassment or discrimination triggered or worsened your mental health condition
- Your employer failed to engage in the required "interactive process" to find solutions
- You requested help managing your workload due to a disability, but were ignored until you broke down
In these scenarios, your FMLA leave isn't just medical time off—it's evidence that your employer's failures forced you into a crisis.
Why Early Contact Matters
When you contact an employment attorney early in this process—ideally as soon as you know you need to request leave—you gain several advantages:
Potential for Severance Negotiation. While you're on protected leave, you're still an employee with rights. Your employer knows that mishandling your situation could lead to legal liability. This creates opportunity for negotiated severance packages that address both your departure and the underlying accommodation failures.
Documentation strategy. An attorney can guide you on what to document and how to communicate with your employer during your leave to protect your legal claims and strengthen your negotiating position.
Exploring all options. Early consultation allows time to evaluate whether return-to-work with accommodations is viable, or whether negotiating an exit is the better path. Once you're past your leave expiration, the first option disappears.
The Bottom Line
If workplace failures led to your need for FMLA leave for mental health reasons, don't wait until your leave runs out to explore your legal options. The strongest cases for severance negotiation happen when employees and attorneys work together proactively—not reactively after all leverage is gone.
At Newkirk Zwagerman P.L.C., we regularly help employees negotiate favorable severance packages when workplace accommodation failures lead to medical leave. If you're facing this situation, contact us while you still have options—not after they've disappeared.
Call us at 515-883-2000 or contact us at info@newkirklaw.com to discuss your situation confidentially.