Chicago Family & Medical Leave (FMLA) Lawyer

The Family and Medical Leave Act (FMLA) is a crucial federal law that protects your job when you need to take time off for specific family and medical reasons. Navigating its complexities can be a challenge, especially when you are already dealing with a personal or family health crisis. At the Law Office of Mitchell A. Kline, we understand the significance of this protected leave and are dedicated to ensuring your rights are upheld. Our firm is committed to providing knowledgeable representation to employees across the Chicago area, helping you secure the time you need without fearing for your job.

Are You Eligible for FMLA?

To benefit from FMLA protections, you must meet specific criteria. Eligibility is not automatic and depends on your employer’s size and your work history with them.

You are eligible for FMLA leave if you meet all of the following conditions:

• You have worked for your employer for a minimum of 12 months.
• You have completed at least 1,250 hours of work for that employer in the 12 months preceding your leave.
• Your employer has 50 or more employees within a 75-mile radius of your worksite.

Qualifying Reasons for Taking FMLA Leave

The FMLA provides eligible employees with 12 weeks of unpaid, job-protected leave per year for several important life events. Understanding these reasons is the first step in knowing if your situation qualifies.

You can take FMLA leave for any of the following reasons:

• The birth and care of a newborn child.
• Placement of a child for adoption or foster care.
• Care for an immediate family member (spouse, child or parent) with a serious health condition.
• Your own serious health condition preventing you from working.

Additionally, special provisions under the FMLA offer protections for military families, accommodating needs specific to their service.

Your Rights and Protections Under FMLA

When you take FMLA leave, you are entitled to certain rights that protect both your job and your benefits. Your employer cannot penalize you for taking leave you are legally entitled to.

Key protections include:

• Job Protection: Upon returning from FMLA leave, your employer is mandated to reinstate you to your original job or an equivalent position, ensuring identical pay, benefits, and terms of employment.
• Maintenance of Health Benefits: Your employer will have to maintain your group health insurance coverage within the same terms as if you had not taken leave. You remain responsible for paying your share of the premiums..
• Protection from Retaliation: Your employer cannot discriminate or retaliate against you for taking FMLA leave. This includes actions like firing, demoting, or harassing you.

If Your FMLA Rights Are Violated

If your employer wrongfully denies your FMLA request or retaliates against you for taking leave, you have the right to take legal action. Retaliation can manifest as wrongful termination, demotion, a reduction in pay or being assigned to a less desirable role upon your return. If you believe your rights have been violated, it is crucial to act quickly. Document every interaction and collect any evidence related to the denial or retaliation.

Protect Your Livelihood and Your Rights

Knowing your rights under the FMLA is essential for protecting your career during critical life moments. If you are an employee in the Chicago area and believe your employer has wrongfully denied your leave or retaliated against you, you do not have to face them alone. Contact the Law Office of Mitchell A. Kline today for a consultation. We will meticulously review your case, assert your rights and develop a strategy to seek the justice you deserve.