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.
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:
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.
Employees who fit the following criteria are entitled to FMLA leave:
FMLA leave is only available to employees, not independent contractors.
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.