DGAA bLAWg

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

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

Archive