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Wilmette FMLA Discrimination Lawyer

Wilmette FMLA Discrimination Lawyer

For many people, life is good in Wilmette. In 2015, one website ranked the village as the best place in Illinois to live and raise a family. Sometimes, family emergencies and obligations come into conflict with work obligations. The Family Medical Leave Act provides balance in these situations. The FMLA gives rights to workers and rights to employers, as well. It is important to know about both of these categories.

The Wilmette FMLA discrimination lawyers at the Law Office of Mitchell Kline are familiar with all the intricacies of this federal law. We use this knowledge to give your family important legal benefits at a time when they are sorely needed. We also carefully watch employers to make sure they do not cross the line. These two services make a tremendous difference for our many clients. 

Your FMLA Rights in Chicago

This 1993 law basically supplements the 1964 Civil Rights Act with regard to disability discrimination. Remedies are available under the CRA, but to obtain them, workers must establish wrongful discrimination in court. Additionally, the Civil Rights Act only protects workers. It does not protect their families.

The FMLA fills in these gaps. To claim FMLA benefits, employees generally must only give notice to their employers. Many of these benefits are not unique to the employee. They also extend to the employee’s family.

Generally, the FMLA provides up to 12 weeks of unpaid leave in any twelve-month period for workers with 1,250 hours of service (about 25 hours a week) in the following situations:

  • Maternity or paternity leave for a newly birthed or adopted child,
  • Care for a seriously ill family member,
  • Recover from a serious illness or injury, and
  • Attend to needs related to a family member’s sudden military deployment.

Employees need not take the twelve weeks in blocks. Intermittent FMLA leave is usually available. For example, when recovering from illness, many people have good days and bad days. On a good day, they can come into work. On a bad day, they do more harm than good if they try to work. To obtain unpaid leave, most workers simply have to present proof of qualifying conditions. 

Employer FMLA Rights in Cook County

As mentioned, the FMLA is all about a balance between work and family. This balance also extends to the rights of workers and employers. Some common employer rights include:

  • FMLA Exclusion: Some highly-compensated employees are not eligible for FMLA benefits. Additionally, companies must only comply with the FMLA if they have at least 50 employees within a certain geographic area.
  • Demand Substantiation: In some cases, employers may ask for documentation, which proves that a qualifying condition exists. That could include a doctor’s note or other such proof. Moreover, employers may occasionally ask employees to re-verify the information they provide.
  • Administer Benefits: If the employee takes intermittent FMLA leave, worker and employer must determine a set schedule, if possible. This schedule could feature a late start time, early end time, or additional days off. As a side note, employers hate intermittent FMLA more than anything else.
  • Substantially Similar Job: When workers return from extended FMLA leave, they must go back to a substantially similar job to the one they left. The job must be exactly the same in terms of things like salary, benefits, and authority.

If employers overstep their bounds, a Wilmette FMLA discrimination lawyer can stand up to you and your family.

Contact a Tenacious Lawyer

Both workers and employers have important rights under the FMLA. For a free consultation with an experienced Wilmette FMLA discrimination lawyer, contact the Law Office of Mitchell A. Kline. After-hours visits are available.