Over the years, a large body of law has developed that protects American workers from mistreatment. For example, the disability discrimination laws cover a wide variety of workers, such as those with physical, mental, or emotional disabilities. These laws only go so far. Additionally, some people need to temporarily step away from the workplace, so they can take care of a situation and then focus on their jobs.
The Family Medical Leave Act was designed for situations like this, and the aggressive attorneys at the Law Office of Mitchell A. Kline know how to use this law to benefit Orland Park families. We bring decades of experience to each case we handle. We also know how important work-life balance is for your career and your family. So, we use tools like the FMLA to help balance these scales.
Eligibility usually rests on the 12/12/1,250 rule. Employees who have worked for a company for at least 12 months are eligible for up to 12 weeks of unpaid leave per year. During that year, they must have at least 1,250 paid hours. That is about 24 hours a week.
Additionally, the FMLA only applies to companies with at least 50 employees who work within 75 miles of one another. And, the FMLA only applies to employees. It does not apply to independent contractors. The employee’s title may involve some misclassification issues. Some bosses misclassify employees as independent contractors to avoid paying a minimum wage or for other purposes. That is a separate legal matter.
As the name implies, the FMLA may apply to both family and medical situations in an employee’s life. Common unpaid leave claims include:
Rolling FMLA leave is usually available in many situations. For example, many people who are recovering from an illness have good days and bad days. On a bad day, they may need to leave work early, come in late, or not come in at all.
Generally, most Chicagoland employers hate FMLA. They do not like the fact that workers need to do very little to claim FMLA leave, and they especially do not like it when workers use rolling leave.
If your leave is denied, speak to a person with authority in the Human Resources department. If you like, you can meet with us first or perhaps ask one of our Orland Park FMLA attorneys to intervene on your behalf.
Many times, if you simply show the HR department that you know your rights and you know how to stand up for them, the company will back down and there will be no need to move forward with an Equal Employment Opportunity Commission complaint.
The Family Medical Leave Act gives workers the legal tools they need to balance their professional and family lives. For a free consultation with an experienced employment law attorney in Orland Park, contact the Law Office of Mitchell A. Kline. We routinely handle matters in Cook County and nearby jurisdictions.
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