DGAA bLAWg

My Employer is Discriminating Against Me for Taking Time Off Under the FMLA

Web Admin - Friday, May 06, 2016

employer discrimination, taking FMLA, Illinois Employment Law AttorneyMost workers have a federally protected right under the Family And Medical Leave Act (FMLA) to take up to 12 weeks off from work, unpaid, to care for themselves or a close family member who is sick or injured. Additionally, workers do not have to fear losing their job or being discriminated against or retaliated against. 

If you believe that you are an employee who is eligible for FMLA protection, but are worried that your employer has unlawfully violated your FMLA rights, you should consult with an experienced employment law attorney as soon as possible.

Examples of When a Person Can Take Time Off Under the FMLA

There are several instances when a worker can take unpaid leave from his or her job under the FMLA. Examples include:

- When a worker is ill, injured, or has a serious medical condition;

- When a worker needs to provide care for his or her spouse, child, or parent who has a serious medical condition or illness;

- When a worker is incapacitated due to pregnancy;

- When a worker needs prenatal care before a child birth;

- Child birth;

- When a worker needs to provide care to his or her newborn child; or

- A worker is pacing a child up for adoption or into foster care. 

How Do Workers Use FMLA Leave?

When a worker has notice ahead of time that he or she will need to take time off from work under the FMLA, he or she must provide his or her employer with 30 days of notice if possible. When advanced notice is not possible, or the need to take time under the FMLA is sudden and unplanned, workers need to provide notice as soon as possible. Works must follow their employer’s normal policies concerning taking leave. 

Employers Must Respect Your FMLA RIghts

If you are a worker who is eligible for FMLA protection, then your employer must comply with the law and allow you to take the qualifying time that you need. Employers are not permitted to interfere with your rights under the FMLA, nor can an employer restrain you or deny you your FMLA rights. Your employer is also prohibited from discharging you, or discriminating against you, for exercising your rights under the FMLA. 

Discrimination could take the form of:

- Treating you differently after you took FMLA time off;

- Denying you promotions or certain work projects or assignments;

-Giving you a bad review for no good reason other than that you took time off under the FMLA; and/or

- Deeming you ineligible for promotions or bonuses because you took time off under the FMLA. 

No one who is eligible for FMLA protections should be denied his or her rights by his or her employer. If you believe that your employer has improperly taken action against you or has discriminated against you for taking unpaid leave under the FMLA, you should consult with an Illinois employment law attorney today. 

Our law firm serves the communities of Crystal Lake, Des Plaines, Rolling Meadows, Schaumburg, Palatine, Buffalo Grove, Barrington, Inverness, and Deer Park. Please call 847-934-6000 to speak to a member of our team.

    Ken Apicella

    About the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars.




Source: 
https://www.law.cornell.edu/uscode/text/29/chapter-28

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


Tags

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

Archive