Wheaton Family and Medical Leave Act Lawyer

Knowledgeable Employment Law Attorney Protecting Employees in Wheaton, IL

The Family and Medical Leave Act was established to protect workers who need to take time off from work due to health issues or family situations such as the birth of a child. The act applies to employers who have at least 50 employees, so some very small businesses are excluded. If FMLA does apply to the company you work for, this important legislation can help protect your job and health insurance while you take time away to deal with your own or a family member's serious health issues or welcome a new child to your household. Your employer cannot fire you or otherwise retaliate against you for using FMLA. While most employers respect the importance of FMLA and will work well with employees who use it, employees trying to use FMLA leave occasionally encounter resistance. If your employer retaliates against you for using FMLA or tries to prevent you from taking leave you are qualified for, you can involve a Wheaton, IL FMLA attorney to help protect your rights.

JSL Law, LLC brings a diverse and dynamic perspective from years of practicing employment law. Attorney Jolianne Alexander is dedicated to working hand-in-hand with you to help you resolve your case as quickly and easily as possible. She is experienced in working in employer-employee relations and helping employees who need time away to handle personal medical and family situations. Our goal will be to get you the time off from work you need while making sure that your job is protected.

Who Can Use FMLA?

You might be eligible to take time away from work covered by FMLA if you work for a company with at least 50 employees and one of the following applies to you:

• Serious health condition - You have an illness, injury, or mental health condition that you need time off to treat. Having a major illness like cancer or needing surgery to treat a condition are common reasons for taking a leave of absence.
• Seriously ill family member - FMLA also protects employees who need time away to take care of an immediate family member who has a serious illness or injury. People often use FMLA when their spouse or child is seriously ill or to spend time with a parent who is expected to pass away.
• New child - Many new parents can use FMLA in addition to any parental leave offered by your employer. You can use FMLA to spend time with a new child whether you have had a biological child, adopted a child, or taken in a foster child who needs you there during the adjustment period.
• Military-related emergencies - If your immediate family member is in the military and certain contingencies come to pass, you may be able to use FMLA to take time away to handle the emergency.

What if My Employer Rejects My FMLA Request or Retaliates?

If you qualify for FMLA time off under the law, your employer does not have the discretion to refuse your request. Employees who are entitled to job-protected leave under FMLA must be granted the time off they qualify for. If your employer refuses to allow you to take a leave of absence even though you are protected by FMLA, you may be able to take legal action.

Your employer also must not retaliate against you for using FMLA. You may have a case against your employer if you are fired, demoted, stripped of your benefits, or otherwise have adverse action taken against you. To bring a case, you will need to show that your employer's decision to take adverse action was motivated by your use of FMLA. Employers who want to "punish" an employee for taking time away often look for a different reason to fire the employee. For example, an employer might claim that you were fired because you were several minutes late a few times rather than because you asked for FMLA. However, it is often fairly transparent when employers do this.

Reach out to our Wheaton, IL FMLA Attorney

JSL Law, LLC is committed to helping employees get the time off they need under FMLA. Employment law lawyer Jolianne Alexander will work dilligently to protect you against unlawful retaliation while ensuring that you have adequate time to manage your personal health or family needs. Contact us at 630-730-8135 for a complimentary consultation.