The groundbreaking Americans with Disabilities Act of 1989 breathed new life into the disability discrimination provisions in existing law. The ADA prohibits all forms of disability discrimination in all places, including time-off requests and other such accommodations. However, some gaps soon became apparent. So, in 1993, lawmakers supplemented the ADA with the Family Medical Leave Act. The FMLA enables Northbrook attorneys and other workers to balance their professional and personal responsibilities.
Like all other laws, the FMLA is just ink on paper unless an aggressive Northbrook attorney, like Mitchell A. Kline, enforces your rights. Without such representation, greedy employers may run roughshod over your best interests. We will advocate for you, both in the courtroom and at the negotiating table. Our goal is to put a long-lasting solution in place that puts your rights above everything else.
29 U.S.C. 2601 gives Northbrook workers up to 12 weeks of unpaid leave in any 12-month period. That leave could be in large chunks of time or on an intermittent basis, such as daily or even hourly. To claim such leave, employees need only have a qualifying personal issue and meet some job-related standards, as outlined below.
There is more: When employees return to work, employers must offer them the same or a substantially similar position. A substantially similar position is one that has the same:
These protections do not apply to highly-compensated employees if the refusal to provide FMLA leave “is necessary to prevent substantial and grievous economic injury to the operations of the employer.” That is a difficult burden to prove in court.
As mentioned, the FMLA helps employees achieve work/life balance. This balance is in everyone’s best interests because happy employees are productive employees. To qualify for FMLA leave, the worker must have one of the following needs:
Additionally, the worker must have at least 12 months of service and worked at least 1,250 hours (roughly 25 hours per week) over that time period.
Moreover, the employer must have at least 50 employees. Before taking FMLA leave, workers must usually give at least 30 days notice. Employers can only deny FMLA leave under limited circumstances, but they can impose additional requirements, such as certification and recertification.
Our lawyers do not just fight for your rights if they are violated. They also help you assert your rights, so that litigation may be avoided.
If you need time off from work, the FMLA helps you obtain it. For a free consultation with an experienced employment law attorney in Northbrook, contact the Law Office of Mitchell A. Kline. After-hours visits are available.
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