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

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

Archive