Family and Medical Leave Act
The federal Family and Medical Leave Act of 1993 ("FMLA") provides many employees with various substantive rights such as 12 workweeks of unpaid leave during a 12-month period if the employee is unable to work due to a serious health condition or to care for a spouse, child or parent with a serious health condition. Employees' substantive rights under the FMLA are addressed under the Family and Medical Leave Act page in the Practice Areas section of this website.
The FMLA also makes it unlawful for covered employers to discriminate or retaliate against employees who have exercised their substantive rights under the Act, for example by taking a medical leave. Unfortunately many employers become frustrated when they have to find a temporary replacement to cover for an employee on medical leave and they find it easier to fire the employee instead of allowing him to return from leave.
If you believe your employer is punishing you for taking a medical leave or exercising other rights under the FMLA, call us at 312.269.0200 or contact us online to discuss your rights.