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Ashburn FMLA Attorney

Ashburn FMLA Attorney

From a geographic perspective, Ashburn is about as far as one can get from Chicago and still be in Chicagoland. The same is true in other ways, as well. Chicago and many surrounding communities have changed substantially since the 1960s, but in many ways, Ashburn has not changed much at all. Most people still live quiet lives that revolve around work and family.

When these two areas conflict, benefits under the Family Medical Leave Act help restore balance. If your employer’s adverse actions erode your FMLA rights, Mitchell A. Kline is in your corner. He understands the Family Medical Leave Act’s true purpose. This federal legislation gives people time off when needed so they can focus on their families, and then get back to work. Our entire professional team works hard to uphold your rights.

Worker Rights Under the FMLA

The Family Medical Leave Act does more than guarantee time off in the event of a family or personal emergency. This federal law also protects your job when you need to step away for a time. Specific protections include:

  • Benefits: During FMLA leave, employers must continue making financial contributions to health insurance and other benefits plans. Moreover, when the employee returns to work, the employer must immediately reinstate all benefits with no waiting period.
  • Employment Record: Employers may not retaliate against employees who exercise their rights under the FMLA. That could include a transfer to a lower-paying position or another similar act. Generally, to prove retaliation, employees must only establish a temporal connection (e.g. return to work in February and transfer in March).
  • Intermittent Leave: Employees with at least12 months of service are entitled to 12 weeks of unpaid leave for specified purposes. In some cases, employees are entitled to intermittent leave. For example, as they recover from serious illness or injury, many people have good days and bad days.

Generally, workers are entitled to FMLA leave for family or personal medical situations. This leave also extends to workers with new babies, whether biological or adopted.

Employer Rights in the FMLA

Fundamentally, the Family Medical Leave Act is all about balance. The law helps employees balance their work and family lives. This balance also extends to the relationship between employees and employers. Workers have rights under the FMLA, and bosses have rights as well.

For example, prior to taking FMLA leave, workers must give 30 days’ notice whenever possible. This notice requirement always applies in maternity/paternity leave requests and most military deployment-related leave requests. In other situations, however, a month’s advance notice may be impractical. Nevertheless, employers still routinely delay or deny health-related leave requests for lack of sufficient notice.

Employers may also require workers to certify their conditions. Employers can also require recertification every six months. However, employers are not entitled to the medical records themselves. These records are private between the doctor and patient.

In some cases, more frequent recertification may be required. Additionally, employers may provide certifying doctors with a list of essential job functions, and doctors may only certify FMLA leave if the employee is unable to perform these essential functions.

In all these scenarios, the company has lawyers working hard to protect its interests. You need similar representation, or else an employment lawyer may try to deny you your legal rights.

Connect with a Dedicated Attorney

Employers have rights under the FMLA, and so do you. For a free consultation with an experienced employment law attorney in Ashburn, contact the Law Office of Mitchell Kline. We routinely handle matters in Cook County and nearby jurisdictions.