This Chicagoland community is perhaps best known as the historic home of the South Side Irish. Traditional Irish values like hard work and strong family bonds still permeate the citizens of this close-knit community. When work commitments and personal commitments clash, as they often do, the people of Mount Greenwood can count on the Family Medical Leave Act to protect both their jobs and their families.
However, the FMLA is just ink on paper without an assertive attorney like Michell A. Kline. Our professional team is dedicated to your success at work and home because we live and work here, as well. We make sure you fully understand all your legal rights to medical leave. We also go above and beyond with things like referrals to doctors, help with child care, and other resources.
The Americans with Disabilities Act ensures equal access for disabled workers when they are on the job. Employers must provide reasonable accommodations to these individuals. The Family Medical Leave Act operates under a similar principle but is different operationally. Instead of providing equal access, it provides time off for temporary disabilities.
Generally, to claim FMLA benefits, workers need only provide notice and certify their conditions. That condition could be:
Workers who have at least 12 months and 1,250 hours of service (roughly 25 hours a week) are entitled to 12 weeks of unpaid leave. That leave time may increase to 26 weeks in some cases. Furthermore, the leave time need not occur in a one-time block. Intermittent leave may be available.
Employers can not take any adverse action against employees who legally exercise their right to family/medical leave. They can not reduce benefits or reassign workers to lower-paying positions. In fact, they can not take any retaliatory actions whatsoever, whether they are direct or indirect.
As mentioned, the Family Medical Leave Act requires prior notice. If the need is a “foreseeable” one, employees must give at least 30 days notice. Such notice is obviously not possible in all cases. If an employer tries to delay or deny leave due to lack of notice, an attorney often needs to step in.
Furthermore, the worker must certify the condition. Employers may generally require recertification once every six months. In some cases, certification is a straightforward matter. For example, if an employee needs leave time to recover from illness or injury, certification usually means a doctor’s note that states the worker is unable to perform at least one essential job function. In other cases, however, the certification requirement is not as clear. An attorney can help clarify both your rights and your responsibilities in these instances.
The Family Medical Leave Act provides important benefits and guarantees for those who need help balancing work and family commitments. For a free consultation with an experienced employment law attorney in Mount Greenwood, contact the Law Office of Mitchell Kline. We routinely handle matters in Cook County and nearby jurisdictions.