Family Medical Leave Act (FMLS)

The FMLA provides that eligible employees may take up to twelve weeks of unpaid leave during any twelve-month period.

There are four reasons for taking unpaid leave, which include:

  1. Birth and care of a newborn child;
  2. Adoption placement;
  3. Care for an immediate family member (spouse, parent, or child) with a serious health condition; or
  4. Personal medical leave because the employee is unable to work due to a serious health condition.

In general, employers covered by the FMLA must have at least fifty employees for at least twenty weeks preceding the filing of a federal complaint, and must be engaged in commerce or in any industry affecting commerce. In order to be eligible for FMLA leave, an employee must have been employed by the employer for at least twelve months and at least 1,250 hours during the twelve months immediately preceding the leave. Further, the employee must work at a site where there are at least fifty employees within seventy-five miles.

Generally, an employer may not interfere with any eligible employee's FMLA rights. It is a violation of the FMLA to fail to notify or inform an employee of his or her FMLA rights once the employer has notice of any condition that may qualify the employee for leave. It is also a violation to deny an employee of properly requested leave, or to fail to reinstate the employee at the end of leave. Employees must be reinstated to the same or an equivalent position after return from leave. Further, the employer is prohibited from retaliating against any employee for exercising his or her rights under the FMLA.

It is not necessary to file a charge with any administrative agency before filing a federal lawsuit under the FMLA. However, suit must be filed with two years of the unlawful act. If the employer has willfully violated the FMLA, an employee has three years to file suit.

A successful plaintiff who sues his or her employer for a violation of the FMLA may be entitled to back pay, actual monetary loss sustained as a result of the violation (up to twelve weeks of pay), liquidated damages equal to the amount of money lost by the plaintiff, injunctive relief, and attorneys' fees.

If you believe that your employer has violated the law, call Holman & Stefanowicz, LLC at 312-258-9700 for a free evaluation of your potential claim. We can help determine whether you have a claim.

The law firm of Holman & Stefanowicz represents injured people throughout Illinois, including Cook County - Arlington Heights, Chicago, Cicero, Norridge and Park Ridge and Barrington; DuPage County including Wheaton; Kane County including Aurora and Elgin; Lake County including Lake Barrington and Waukegan; Macon County including Decatur; Peoria County including Peoria; Sangamon County including Springfield; Will County including Bolingbrook, Joliet, and Naperville; and Winnebago County including Loves Park, Machesney Park, Rockford, and Roscoe.
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