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


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