Our attorneys are experienced in handling Family and Medical Leave Act (FMLA) cases. The FMLA can present complex issues. As a result, employers may fail to fulfill all of their obligations under the FMLA or resort to FMLA interference and retaliation. Contact us if you are looking for quality representation to help you through your FMLA issues.
Provisions of the FMLA and Illinois Law
The FMLA is a federal law that provides covered employees with up to 12 weeks per year of unpaid, job-protected leave, for specified family and medical reasons. The FMLA requires employers who offer group health benefits to maintain coverage during an employee’s leave. In general, covered employees must be returned to their same job, or equivalent job, when they return from FMLA leave.
Covered employees are entitled to FMLA leave for their own serious health conditions, for the serious health condition of an immediate family member, or for the birth or adoption of a child.
To be eligible for FMLA leave, an employee must have worked for an employer with at least 50 employees within a 75 mile radius of the work location. The employee must also have worked for that employer for a total of 12 months and must have worked 1,250 hours over the previous 12 months. Public sector employees are eligible no matter how many total employees the municipality may have.
The FMLA prohibits employers from interfering with employees’ FMLA rights and from retaliating against employees who seek FMLA leave or complain about a possible FMLA violation.
Determining whether you are covered by the FMLA and whether your employer has complied with the FMLA can be a difficult process. The attorneys at Robin Potter & Associates can guide you through the complexities of the FMLA and vigorously prosecute your FMLA case in court, if necessary.
