DGAA bLAWg

My Employer is Discriminating Against Me for Taking Time Off Under the FMLA

Web Admin - Friday, May 06, 2016

employer discrimination, taking FMLA, Illinois Employment Law AttorneyMost workers have a federally protected right under the Family And Medical Leave Act (FMLA) to take up to 12 weeks off from work, unpaid, to care for themselves or a close family member who is sick or injured. Additionally, workers do not have to fear losing their job or being discriminated against or retaliated against. 

If you believe that you are an employee who is eligible for FMLA protection, but are worried that your employer has unlawfully violated your FMLA rights, you should consult with an experienced employment law attorney as soon as possible.

Examples of When a Person Can Take Time Off Under the FMLA

There are several instances when a worker can take unpaid leave from his or her job under the FMLA. Examples include:

- When a worker is ill, injured, or has a serious medical condition;

- When a worker needs to provide care for his or her spouse, child, or parent who has a serious medical condition or illness;

- When a worker is incapacitated due to pregnancy;

- When a worker needs prenatal care before a child birth;

- Child birth;

- When a worker needs to provide care to his or her newborn child; or

- A worker is pacing a child up for adoption or into foster care. 

How Do Workers Use FMLA Leave?

When a worker has notice ahead of time that he or she will need to take time off from work under the FMLA, he or she must provide his or her employer with 30 days of notice if possible. When advanced notice is not possible, or the need to take time under the FMLA is sudden and unplanned, workers need to provide notice as soon as possible. Works must follow their employer’s normal policies concerning taking leave. 

Employers Must Respect Your FMLA RIghts

If you are a worker who is eligible for FMLA protection, then your employer must comply with the law and allow you to take the qualifying time that you need. Employers are not permitted to interfere with your rights under the FMLA, nor can an employer restrain you or deny you your FMLA rights. Your employer is also prohibited from discharging you, or discriminating against you, for exercising your rights under the FMLA. 

Discrimination could take the form of:

- Treating you differently after you took FMLA time off;

- Denying you promotions or certain work projects or assignments;

-Giving you a bad review for no good reason other than that you took time off under the FMLA; and/or

- Deeming you ineligible for promotions or bonuses because you took time off under the FMLA. 

No one who is eligible for FMLA protections should be denied his or her rights by his or her employer. If you believe that your employer has improperly taken action against you or has discriminated against you for taking unpaid leave under the FMLA, you should consult with an Illinois employment law attorney today. 

Our law firm serves the communities of Crystal Lake, Des Plaines, Rolling Meadows, Schaumburg, Palatine, Buffalo Grove, Barrington, Inverness, and Deer Park. Please call 847-934-6000 to speak to a member of our team.

    Ken Apicella

    About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.




Source: 
https://www.law.cornell.edu/uscode/text/29/chapter-28

The Family Medical Leave Act

Web Admin - Thursday, May 21, 2015

FMLA, Illinois, Crystal Lake employment lawyerFor various medical-related reasons, it may be necessary for a person to temporarily stop working. The Family Medical Leave Act (FMLA) provides individuals with a means for doing this without running the risk of losing their job. It is important for both employers and employees to understand this special area of employment law.

What Does the FMLA Provide?

The FMLA allows workers to take an unpaid leave of absence from work for specified medical and family purposes with the continuation of insurance coverage according to the same provisions as if the employee did not take the leave of absence. Under the FMLA, an employer must return the employee to the same job or one that is nearly identical or equivalent. A nearly identical job includes the following:

  1. - Identical pay and benefits;
  2. - The same shift or general work schedule;
  3. - A geographically proximate worksite; and
  4. - The same or substantially similar duties, responsibilities, and status.

An eligible employee is eligible for 12 workweeks of leave in a one-year period for:

  1. - Childbirth and to provide for the child within twelve months of the birth;
  2. - The care of a child adopted or placed under foster care within one year of the placement of the child with the employee;
  3. - The care for a direct family member who has a serious health condition;
  4. - A health condition that prohibits the worker from being able to perform essential job functions; or
  5. - Any demand due to the fact that the employee’s direct family member is a covered military member on covered active duty, which is defined as duty during the deployment to a foreign country.

Alternatively, an eligible employee may be entitled to 26 workweeks of leave during a one-year period to care for a covered service member with a serious injury or illness if the employee is the service member’s direct relative.

Eligibility

The FMLA applies to the following:

  • - Public agencies; and
  • - Private employers with 50 or more employees for at least 20 weeks in the current or previous calendar year.

In order for an individual to be eligible, the employee must:

  1. 1. Work for a covered employer;
  2. 2. Have worked 1,250 hours during the 12 months prior to the start date of the leave;
  3. 3. Work at a location where the employer has 50 or more employees within 75 miles; and
  4. 4. Have worked for the employer for 12 months.

The 12 months of work does not need to be consecutive. Further, under most circumstances, only employment within the last seven years is counted.

For more information about the requirements of the FMLA, whether you are an employer or employee, you should speak with an experienced Illinois employment law attorney. Our firm represents clients throughout the northwest suburbs, including Deer Park, Buffalo Grove, and Crystal Lake. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.


Recent Posts


Tags

estate attorney Illinois employment lawyer insurance dispute attorney Legal Info Des Plaines drug crimes lawyer medical malpractice compensation Arlington Heights wills and trusts attorneys power of attorney for healthcare tax attorney Palatine punch death Deer Park DUI lawyer Des Plaines insurance attorney Arlington Heights wills and trusts lawyer workplace sexual harassment Illinois corporate lawyer changes to mortgage law mass shooting truck collisions Whistleblower Claims Inverness insurance attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers insurance dispute Illinois trucking safety Illinois insurance lawyer Deer Park traffic lawyer Rolling Meadows accident lawyer Illinois personal injury attorney Crystal Lake medical malpractice attorneys Illinois real estate DNR employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Arlington Heights car crash attorneys Barrington criminal lawyer Rolling Meadows traffic law firm Illinois employment law firm Illinois wills and trusts attorneys Colin H. Gilbert Rolling Meadows insurance dispute lawyers, insurance dispute construction accidents FMLA CAM bad faith insurance claims Schaumburg criminal attorney drunk driving statistics Palatine civil litigation lawyer Crystal Lake will lawyer Des Plaines Traffic Lawyer Palatine Attorney Rolling Meadows DUI lawyer Chicago biking tips Palatine corporate law attorneys Illinois workplace discrimination attorney forming a corporation in Illinois Illinois elder law attorney Illinois Crystal Lake employment lawyer Palatine law firm icy parking lots Crystal Lake injury attorney Barrington business law firm Rolling Meadows car accident lawyers blood alcohol content condo deadly crashes medication errors employees Illinois home inspection Illinois traffic ticket lawyer Illinois pet lawyer Rolling Meadows real estate attorney Crystal Lake medical malpractice lawyer Illinois boating accident lawyer employment law, Illinois employment laws BAIID workers compensation Palatine employment lawyer Chicago estate planning lawyer Illinois employment law attorney license suspension boating DUI wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace IRA trust transfer DUI attorney Palatine trusts lawyer Palatine injury attorney Chicago attorney overtime pay Illinois personal injury lawyers Deer Park employment law attorney rollover car crashes IRA benefits Illinois traffic attorney Chicago will attorney, social media platforms, Illinois estate planning lawyer, Policy Cancellation Arlington Heights lawyer car crashes Arlington Heights pedestrian accidents revenge porn comp time medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers workers compensation benefits Crystal Lake pet attorney Inverness estate planning lawyer auto accidents liability medical research Rolling Meadows marijuana attorney Illinois Probate Act of 1975 advance healthcare directive loopholes foreclosed rental property commercial real estate Arlington Heights personal injury lawyer drug crimes civil rights violation Mt Prospect Attorney Illinois traffic attorneys boating accidents civil litigation fatal car accidents Illinois collections attorney DUI defense filing a medical malpractice claim denied insurance claims pedestrian-automobile accident pain and suffering Barrington injury attorney trustee Inverness traffic law firm cell phone tower data power of attorney life insurance lawyer Rolling Meadows insurance lawyer Buffalo Grove criminal defense lawyer Colin Gilbert car collision digital evidence expungement Chicago estate planning car accident lawyer subcontractor real estate attorneys Chicago car accident lawyer head on collisions dynasty trusts whistleblower protections Arlington Heights Attorney federal regulations for LLCs Barrington personal injury lawyer POA Schaumburg medical malpractice lawyer healthcare Illinois wills and trusts sexual harassment estate planning for college students Illinois civil litigation lawyer Buffalo Grove personal injury attorney estate planning lawyer homestead rights Barrington litigation attorney Rolling Meadows personal injury attorney residential real estate marijuana crimes attorney car accidents Fair Labor Standards Act underfunded trust employee misclassification probate claims corporate law jet ski Palatine estate planning lawyer college kids traumatic brain injuries bike accident gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Rolling Meadows estate planning attorney defective products lawyer Barrington boating accident attorney TBI Schaumburg Illinois insurance claims lawyers Buffalo Grove employment lawyer digital media accounts, estate planning, Arlington Heights estate planning attorney, driving Crystal lake insurance dispute attorney traumatic brain injury car crash injuries holiday statistics Crystal Lake estate planning lawyer Des Plaines criminal attorney involuntary manslaughter insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys motorcycle accident lawyer traffic laws license caretaker rights Joliet general practice lawyers Inverness elder law lawyer Buffalo Grove personal injury lawyer BAC wills Barrington Traffic Lawyer real estate personal injury attorney Illinois estate planning attorney consent to a search Rolling Meadows business lawyer llinois Real Estate Lawyers Association Illinois insurance claim dispute lawyer Illinois attorney probate fees Illinois wrongful termination lawyer Deer Park real estate law firm Rolling Meadows corporate lawyer Schaumburg estate planning attorney Buffalo Grove real estate attorney creditors Schaumburg employment law attorneys Crystal Lake law firm Crystal Lake criminal defense attorney overtime violations trucking accidents Schaumburg wrongful death attorney Long Grove real estate attorney criminal record owner responsibility Arlington Heights real estate lawyer Chicago will attorney personal injury Illinois traffic accident lawyer employment contract Chicago traffic lawyer unpaid overtime premises liability pregnant women meal breaks Illinois Workers’ Compensation Commission underinsured motorist Illinois criminal defense attorney Rolling Meadows criminal attorney IRS license reinstatement Illinois workplace lawyer Palatine traffic lawyer suspended license Illinois jet ski accident lawyer Thanksgiving Rolling Meadows employment attorney foreclosure income distribution deducation unfunded trust Mount Prospect real estate lawyer life insurance claims hiring employees Illinois law Family Medical Leave Act pedestrian accident products liability cell phone accidents Buffalo Grove corporate attorney Des Plaines Des Plaines personal injury attorney taxes insurance claim denials Crystal Lake employment attorney accidental death benefits drugs Arlington Heights tax lawyer compensatory time Rolling Meadows insurance dispute lawyers clemency contracts employment lawyer Inverness probate lawyer manufacturing Self-Directed IRA Accounts Illinois probate lawyer Illinois estate planning Rolling Meadows boating crash lawyer criminal law construction contracts condo association Exclusions Illinois insurance dispute lawyers trust payments Liquor Control Act back injuries Home Sale Contingencies cell phone dram shop law Deer Park criminal attorney South Barrington real estate lawyer special needs trust BUI life insurance Rolling Meadows drug defense attorney Palatine workers compensation lawyer Illinois workers compensation lawyer DMV Long Grove real estate lawyer Arlington Heights employment attorney Inverness real estate attorney Illinois employment laws wage theft Palatine real estate lawyer Barrington estate planning lawyer probate claims process Palatine criminal defense lawyer ObamaCare elder abuse Home Remodeling Repair Act surgical mistakes Buffalo Grove medical malpractice lawyers minimum wage independent contractor spinal cord injuries Des Plaines civil attorney drunk driving Illinois will lawyer insurance attorney brain injury Palatine construction attorney attorney fees Food and Drug Administration's Food Safety Modernization Act Des Plaines medical malpractice attorney Schaumburg civil litigation attorney first degree murder trusts distracted driving accidents Long Grove estate planning attorneys Chicago corporate attorney Arlington Heights trucking lawyer Crystal Lake accident attorney natural gas explosion School Visitation Rights Act Attorney Ken Apicella Illinois motorcycle accident lawyer Rolling Meadows Attorney Illinois medical malpractice case Long Grove wills and trusts attorneys insurance negligence rollover accidents Transfer on Death Instrument Des Plaines real estate attorney insurance adjusters Barrington personal injury attorney insurance denial appeals Chicago insurance law firm Long Grove estate planning Class A misdemeanor Riverwoods estate planning lawyer Illinois Wage Payment and Collection Act Employment Discrimination Law digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers Schaumburg employment attorney personal injury accidents probate process landlord Kenilworth estate planning attorneys irrevocable trust denial of life insurance Crystal Lake civil litigation lawyer Schaumburg drug defense lawyer severance agreements hands free device Rolling Meadows Traffic Lawyer elder law employment law DUI penalities hit and run accident defective products natural gas Illinois LLC creation Illinois lawyer institutional trustee Des Plaines tax law firm business litigation probate lawyer pet bites capital gains tax pedestrian accidents Inverness DUI lawyer Schaumburg estate attorney employee discrimination car accident lawyers Buffalo Grove law firm Crystal Lake bike accident lawyer Do Not Resuscitate Rolling Meadows probate lawyer product liability vacation home fines food poisoning Illinois estate planning law firm Illinois defective products attorney Inverness personal injury attorney Illinois Human Rights Act Schaumburg Attorney Barrington workers compensation attorney Palatine drug lawyer breathalyzer test Illinois workers compensation attorney insurance claim dispute attorney Illinois insurance disputes Arlington Heights insurance attorney Palatine elder law attorney anesthesia errors Illinois employee rights attorney. traffic deaths Long Grove estate planning attorney GM ignition switches fiduciary rule digital assets Kenilworth estate planning lawyer loss of consortium car accident ken apicella insurance claim golf accidents trauma after an accident home inspection lawyer landlord tenant law construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois personal injury lawyer Des Plaines accident attorney commercial leases Arlington Heights accident attorney Crystal Lake traffic lawyer living trust benefits Schaumburg personal injury attorney Illinois insurance attorney Arlington Heights wills and trusts lawyers Schaumburg car accident attorney no contest clauses Rolling Meadows personal injury lawyers Rolling Meadows employment law attorneys eluding a police officer estate planning trusts Rolling Meadows personal injury lawyer dealing with problem employees slip and fall accidents mortgage real estate contract child safety Schaumburg injury lawyer insurance claim delay Crystal Lake tax lawyer jet ski accidents underage DUI Buffalo Grove probate lawyer Crystal Lake car accident lawyer rest breaks Illinois living will workers comp Illinois pedestrian accident attorney Illinois medical malpractice lawyers Illinois DUI attorney Kenilworth estate planning attorney traffic tickets Fourth of July reckless homicide small business Palatine traffic accidents traffic accidents gift taxes healthcare claims vacation home Illinois trusts attorney fiduciary rule delay Illinois small business job lawyers guardianship attorney crossover accidents probate caregiver Schaumburg insurance lawyers Arlington Heights injury attorney Schaumburg criminal law attorney speeding personal injury law firm Illinois Sales Representative Act sole proprietorship Detainer Actions nursing home negligence life insurance policy Buffalo Grove car accident lawyer Barrington drug crime attorney Barrington attorney personal injury claim Des Plaines motorcycle accident attorney appealing an insurance claim wills and trusts Illinois real estate lawyer deed transfer ACA license revocation Buffalo Grove injury lawyer Illinois job attorney Rolling Meadows litigation lawyer denied insurance claim slip and fall uninsured motorist Inverness injury lawyer Chicago lawyer Schaumburg estate planning lawyer Buffalo Grove traffic lawyers Barrington employment attorney Schaumburg corporate attorney Chicago trucking accident attorney real estate attorney Illinois business lawyer estate planning attorney Barrington employment law firm privacy laws drug crime Des Plaines claims law firm insurance claims controlled substance personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys Des Plaines injury law firm bicycle dooring accidents FSLA estate planning Illinois rollover accident lawyers social media after death breach of contract blended families insurance claim denial low-ball insurance settlement rumble strips Jay Andrew medical malpractice Illinois construction accident attorney coronavirus Mount Prospect wills and trusts lawyers Chicago employment attorney Deer Park motorcycle accident lawyer Chicago employment lawyer living wills Crystal Lake car accident attorney Palatine personal injury lawyer Barrington estate planning attorney Schaumburg probate attorney Illinois employment law Illinois Trust Code Des Plaines real estate lawyer Schaumburg construction accident lawyer traffic crimes pizza emoji medical marijuana Palatine insurance lawyer Crystal Lake employment law attorney federal crimes Schaumburg traffic lawyer Barrington medical malpractice lawyers Illinois injury lawyer Landlord Tenant Ordinance Illinois car accident attorney health insurance dispute Palatine employment law lawyer Crystal Lake personal injury attorney trench injuries Retaliatory Discharge Illinois insurance claim attorney Illinois tax attorney Chicago insurance claim attorneys in terrorem provision Crystal Lake traffic attorney investment property Crystal Lake pedestrian accident lawyer living trust vs will estate tax Deer Park accident attorney Schaumburg real estate lawyer insurance agent negligence Illinois Transfer on Death Instrument traffic offenses work unions right to work boating under the influence Crystal Lake insurance lawyer estate plan Arlington Heights TBI attorney texting and driving Inverness corporate attorney South Barrington real estate attorney Illinois mortgages Illinois Smoke Detector Act Illinois driving without license personal injury lawyer trucking accident lawyers insurance denials Illinois traffic laws new real estate form bicycle accidents Rolling Meadows insurance attorney agent swimming pools Arlington Heights medical malpractice lawyer startup company Rolling Meadows employment law attorney car crash preventable medical errors motorcycle accident Illinois business law atorneys wrongful termination Arlington Heights Traffic Lawyer Super Mario criminal Buffalo Grove traffic attorney Illinois employment law attorneys insurance disputes Schaumburg elder law lawyer Forcible Entry DGAA Des Plaines pet law attorney dog bites traffic violations defense murder defense Deer Park workers compensation lawyer Des Plaines personal injury lawyer Illinois medical malpractice attorney internet personal injury claims insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys preventing accidents liability claims modern family estate planning Palatine corporate attorney Illinois medical malpractice claim real estate lawyer DUI real estate closing Rolling Meadows traffic attorney Palatine probate lawyer employee rights murder wrongful death Mount Prospect elder law attorney Inverness accident lawyer Affordable Care Act unpaid assessment comparative negligence Crystal Lake medical malpractice law firm distracted driving accident victims estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Illinois personal injury Arlington Heights car accident lawyer Illinois employment attorneys Barrington criminal defense lawyer field sobriety test Arlington Heights personal injury attorney operating agreements Schaumburg personal injury lawyer disability benefits insurance agents criminal defense employment attorney Illinois speeding lawyer real estate zoning Barrington real estate lawyer medical malpractice claims pet law Rolling Meadows medical malpractice lawyers liens pay when paid contract Arlington Heights wills and trusts attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys real estate leasing Illinois red light cameras PTSD privacy senior citizens traffic violations Illinois insurance claim dispute lawyers marijuana Des Plaines DUI attorney Illinois bicycle safety Arlington Heights employment law attorneys Palatine business attorney Barrington civil litigation attorney fault based insurance Deer Park personal injury lawyer Inverness real estate lawyer Palatine civil attorney LLCs Arlington Heights estate planning attorney installment contracts drug possession Schaumburg personal injury lawyers Des Plaines personal injury lawyers digital information Crystal Lake personal injury lawyer insurance claim dispute Deer Park traffic accident attorney Arlington Heights traffic attorney commercial leasing Buffalo Grove insurance claim dispute lawyers Crystal Lake business law attorneys Palatine employment attorney Rolling Meadows criminal lawyer Inverness civil lawyer murder charges Rolling Meadows Des Plaines drug lawyer Des Plaines collections attorney Barrington Illinois estate planning lawyer pedestrian injuries, pedestrian fatality drug crimes lawyer living trust problem employees Arlington Heights criminal lawyer IRELA unauthorized overtime financial advisors sexual images rent to own real estate contracts Barrington employment law attorney Federal Food Drug and Cosmetic Act civil litigation attorney paid sick leave Illinois registered agent automated cars spinal cord injury Rolling Meadows tax attorney texting while driving Deer Park medical malpractice attorney

Archive