Chicago FMLA Lawyer

The Family and Medical Leave Act of 1993 (FMLA) provides many employees in the United States with the right to take up to 12 weeks of unpaid time off to attend to their own health needs and those of their immediate families.

If you qualify for FMLA leave, you have the right to take it and to expect your employer to comply with its terms. Denial of your FMLA rights can result in substantial damages for you, such as lost wages and out-of-pocket healthcare expenses. If one or more of your FMLA rights are violated, discuss your case with an experienced FMLA lawyer to determine how you can pursue monetary compensation for your damages.

What Does the FMLA Guarantee?

Employees may use FMLA to take up to 12 weeks of unpaid time off work during a 12-month period to recover from an injury, manage an illness, or to fulfill one of the following roles:

• Giving birth to a child or being present at his or her child’s birth and bonding with the new baby;
• Adopting and bonding with a child;
• Attending to a loved one’s needs related to his or her military service; or
• To provide care for an injured or ill family member.

When an employee’s 12 weeks are over, he or she has the right to return to the same position he or she held prior to leaving or a substantially similar one. While on leave, the employee has the right to continue receiving the same employment benefits he or she had previously.

Who Qualifies for FMLA Leave?

Employees who fit the following criteria are entitled to FMLA leave:

• Their company employs 50 or more people within a 75-mile radius;
• The employee has worked for the company for at least 12 months; and
• During his or her 12 months of employment, the employee has worked at least 1,250 hours for the company.

FMLA leave is only available to employees, not independent contractors.

Taking Action After an FMLA Violation

There are many different ways an employer can violate your FMLA rights. These include denying you the benefits you are entitled to use while on leave or terminating you for taking leave. When your rights are violated, keep a record of every document related to the violation. You will use these documents to support your claim with the Equal Employment Opportunity Commission (EEOC) or if necessary, a lawsuit against your employer. Before working with a lawyer to pursue compensation for your damages, discuss your case with your company’s Human Resources department. Often, issues like this can be resolved internally. If yours cannot, work with an experienced employment lawyer to assert your workplace rights.

Work with an Experienced Chicago FMLA LawyerIf you qualify for FMLA leave, you have the right to return to your original position or a substantially similar one. If you were denied this right or another related to FMLA, discuss your case with an experienced FMLA lawyer to determine the most effective way to proceed with your case. Contact the Law Office of Mitchell A. Kline today to set up your initial consultation with us.