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FMLA Discrimination Lawyer in Chicago

FMLA Discrimination Lawyer in Chicago

Typically, work-life balance comes rather easily for people in Chicagoland. Workers can put their personal lives on hold while they are on the company’s time. In some situations, that balance is no longer possible, at least on a temporary basis. 

The Family Medical Leave Act was designed for situations like this. This federal law lets qualified workers have unpaid time off if they simply request it. Not all employers see the need for a law like this one. So, many workers need assertive FMLA discrimination lawyers in Chicago to stand up for their rights.

At the Law Office of Mitchell Kline, that is the kind of representation we offer. We have stood up for the rights of discrimination victims for over 30 years. And, we are confident that we can help you.

Your Rights Under the Family Medical Leave Act

Workers who have at least 1,250 hours of service over the past 12 months (about 30 hours a week) for companies with at least 50 employees are entitled to 12 weeks of unpaid leave in the following situations:

  • Recover from an illness or injury,
  • Birth or adoption of a child,
  • Care for an ill or injured family member, and
  • Attend to a family member’s deployment-related issues.

Thanks to some 2008 amendments, additional FMLA benefits may be available to military families.

If the employer does not contest the point, FMLA leave may be intermittent. That is especially important in illness and injury recovery situations. Most people in these situations have good days and bad days. Additionally, unpaid leave is available for any related purpose to a protected activity, such as taking an ill family member to the doctor.

After they return from leave, workers are entitled to the same or a substantially similar position. A “substantially similar” position has the same seniority, compensation, benefits, authority, and work environment.

To assert these rights, our Chicago FMLA discrimination lawyers typically do not need to file legal actions. Most employers back down after they receive letters from our attorneys. Employers know that it is very difficult to defend FMLA denials, especially if the worker has an assertive lawyer.

Employer and Worker Responsibilities Under the FMLA

If possible, workers must give employers at least thirty days’ notice before they take FMLA leave. 

For their part, employers may require doctor’s notes or other such documentation. The requested documentation must conform with medical privacy laws, so only general information is available. Moreover, there are some other exemptions and loopholes. For example, some highly-compensated employees may not be eligible for FMLA leave.

Damages in FMLA discrimination claims usually include economic losses, such as child care expenses related to the denial and lost wages. In some cases, an additional financial penalty may apply.

Work with a Dedicated Attorney

At the Law Office of Mitchell A. Kline, our experienced FMLA discrimination lawyers in Chicago are committed to workers’ rights. Call us today for a free consultation. We routinely handle matters in Cook County and nearby jurisdictions.