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


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