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.


New Law Mandates Reasonable Accommodations for Pregnant Women

Web Admin - Thursday, December 11, 2014

pregnant woman wrongful termination, employee rights lawyerDiscrimination against pregnant women in the workforce has long been a concern, and now the Illinois legislature has passed a new law designed to help give women greater protection. The new law modifies the Illinois Human Rights Act, effective starting next year, to more clearly protect pregnant women's rights. The new rights include the right to reasonable accommodation of their pregnancy by their employers, protection from employment discrimination, and protection from forced leave. The law also grants employers some protection from unreasonable demands, such as the ability to refuse accommodations if such accommodations would place an undue hardship on the business.

New Rights for Pregnant Women

The law includes four new rights for “women affected by pregnancy, childbirth, or medical or common conditions related to childbirth.” The most legally complex of these rights is the right to a reasonable accommodation of their pregnancy. These accommodations are changes to the employee’s duties or their workspace that allow the employee to perform the “essential duties” of the position. The law provides some examples of these reasonable accommodations, which may include things like more frequent bathroom breaks, private space for breastfeeding, or a modified work schedule.

The law also provides another set of more concrete rights to pregnant women. For instance, employers may not force accommodations onto a pregnant woman if she does not want them, a provision that is likely designed to protect women from being forced to modify or reduce their work schedules. Similarly, the law forbids an employer from forcing a pregnant woman to take maternity leave if she chooses not to.

Employer's Rights

The law also includes a new set of rights for employers that relate to the issue of reasonable accommodation. The first right is that employers can claim that the accommodation the woman is asking for would place an undue hardship on the company. The law defines undue hardship as “an action that is prohibitively expensive or disruptive.” It also provides four factors for judges to consider when determining whether something is an undue hardship:

  1. 1. The nature and cost of the accommodations;
  2. 2. The financial resources of the facility providing the accommodation and the accommodation's impact on the company's operations;
  3. 3. The resources and size of the employer; and
  4. 4. The type of work the employer does.

This provides a highly individualized test that depends greatly on both the specific employer and the accommodation requested. The law also provides the employer with the right to request medical documentation supporting the need for the accommodation.

If you believe that your rights under this new act are being violated or if you are an employer concerned about your obligations under the new law, contact a Crystal Lake employment law attorney today. Our firm helps many northwest suburban employees and businesses in towns like Rolling Meadows, Crystal Lake, Arlington Heights, Inverness, Deer Park, Palatine, and Barrington.

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


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