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Beverly FMLA Lawyer

Beverly FMLA Lawyer

On the surface, the former North Blue Island does not look like other parts of Chicago. As the name implies, Beverly Hills has a rolling landscape because of its position on the Blue Island Ridge. Beneath the surface, the people of Beverly Hills are much like the other people in Chicagoland. This racially-diverse community includes people who work hard and have busy family lives. When these two areas overlap, as is often the case, the Family Medical Leave Act provides important benefits.

People count on both the time off and job protection benefits provided by the FMLA. Many families also count on Mitchell A. Kline to protect their FMLA benefits. Our experienced legal team knows the nuts and bolts of this important law. Perhaps more importantly, we know how to make the law work for you. So, in many cases, we can bring about successful resolutions in a minimum amount of time.

When Can I Use FMLA Leave?

Most employers with at least 50 employees are subject to the Family Medical Leave Act. To receive benefits, workers must usually have at least 12 months and 1,250 hours (about 25 hours a week) of service. Workers may use their 12 weeks of FMLA leave for:

  • New Babies: Both mothers and fathers need time to care for, and bond with, newborn babies. The same is true of adopted infants. In fact, the FMLA also applies to court hearings, home studies, and other pre-adoption events. Situations like grandparents assuming custody of a grandchild are in a grey area.
  • Seriously Ill Family Member: Thanks to some recent amendments, the law broadly defines both “serious illness” and “family member.” Any condition that substantially interferes with daily activities is usually a serious illness, and any close relative is usually a family member.
  • Their Own Illnesses: These same broad definitions apply to personal medical conditions. Moreover, these workers may be entitled to intermittent FMLA leave. So, they can go to work on their good days and stay home on their bad days.
  • Deployment-Related Conditions: Deployed servicemembers almost always need home front support, such as childcare. Furthermore, if these servicemembers are injured overseas, they may recover better in their own homes. So, in these latter situations, available FMLA leave extends to 26 weeks.

A growing number of jurisdictions have substantially expanded these rights. Some have lowered the 50-employee requirement and others have broadened the leave rights themselves.

What Requirements Can My Employer Impose?

In contrast to the broad worker rights, employers have only limited FMLA rights. However, they have lawyers who push the envelope and legally bully workers who exercise their right to unpaid leave.

One of the biggest differences between FMLA and a disability job discrimination claim is the level of proof required. In FMLA cases, employers must normally only provide 30 days advance notice if the need is a “foreseeable” one. So, employers can not unilaterally impose this requirement on all leave requests.

Additionally, employers may ask for certification of medical issues. They may also ask for recertification every six months.

Since the FMLA Became law in 1993, Congress has basically closed the job classification loophole. Once upon a time, employers could classify their employees as “independent contractors” to avoid FMLA compliance. But for the most part, this defense is no longer valid.

Work with a Tenacious Attorney

FMLA leave helps you concentrate on work and simultaneously take care of your family. For a free consultation with an experienced employment law attorney in Beverly, contact the Law Office of Mitchell Kline. We do not charge upfront legal fees in employment law cases.