The Family and Medical Leave Act of 1993 (FMLA) is a federal law that entitles eligible employees to unpaid, job-protected leave for certain family and medical reasons, such as having a baby, caring for a spouse, child, or parent with a serious health condition, or dealing with their own serious health condition. Eligible employees may generally take up to 12 weeks of FMLA leave during a 12-month period and are entitled to return to the same or a virtually identical position when their leave ends. 

The FMLA itself does not require employers to pay employees during FMLA leave. However, employees may be able to use accrued paid leave during FMLA leave, and some employers offer paid leave or short-term disability benefits that may provide income during the leave period. 

If you believe your Chicago employer has violated your FMLA rights, a Chicago Kaplan FMLA lawyer can help you understand your rights and legal options. 

The Family and Medical Leave Act is a federal law that applies to covered employers in Illinois and across the country. To qualify for FMLA leave, an employee generally must meet the following criteria: 

• Worked for their employer for at least 12 months, which do not necessarily have to be consecutive 
• Worked at least 1,250 hours during the 12 months immediately before the start of FMLA leave 
• Worked at a location where the employer has at least 50 employees within a 75-mile radius.

The employee's reason for taking FMLA leave must also qualify under the law. Qualified reasons can include the birth or placement of a child, caring for a spouse, child, or parent with a serious health condition, or dealing with the employee's own serious health condition. 

If you are unsure whether you qualify for FMLA leave, a Chicago FMLA lawyer can help you understand your rights and options. 

To qualify for FMLA leave, an employee must be requesting time off for one of the following conditions or reasons: 

• To care for their new child, including a birth child, adopted child, or foster child 
• To tend to their own serious health condition that makes them unable to perform their job, such as an illness requiring inpatient care or continuing treatment 
• To care for a spouse, child, or parent with a serious health condition 
• To address certain needs related to a spouse, child, parent, or next of kin who is a covered servicemember with a serious injury or illness 
• FMLA leave may also be available for certain qualifying reasons related to a family member's military deployment.

If you're not sure if your condition or circumstance falls under the Family and Medical Leave Act, you should contact a Chicago FMLA lawyer to discuss your situation and legal options. 

Not usually. FMLA leave in Illinois, as in most of the United States, is generally unpaid. That said, employees on FMLA leave are still entitled to maintain their group health insurance benefits under the same terms as if they had continued working. Additionally, employees may be able to use accrued paid leave during FMLA leave, and some employers may offer paid leave or short-term disability benefits. 

And, importantly, an eligible employee's job should be waiting for them when they return from FMLA leave. Generally, the employee must be restored to the same or a virtually identical position, with equivalent pay, benefits, and other terms and conditions of employment. 

If you believe your Chicago employer has violated your FMLA rights, a Chicago FMLA lawyer can help you understand your legal options. 

If you and your employer are covered by the FMLA and you are eligible, you may be entitled to up to 12 weeks of unpaid, job-protected leave for the birth of a child. Your employer generally may not interfere with your FMLA rights or retaliate against you for taking protected leave. Pregnancy and childbirth may also trigger protections under other federal and Illinois laws. 

You are generally covered by the FMLA if you have worked for your employer for at least 12 months, worked at least 1,250 hours during the 12 months before your leave, and work at a location where your employer has at least 50 employees within a 75-mile radius. If you're not sure whether you are FMLA-eligible, contact a Chicago FMLA attorney. Even if the FMLA does not apply, other federal or Illinois laws may provide additional protections. 

Generally, no, if the employer is covered by the FMLA and the employee meets the eligibility requirements and is requesting leave for a qualifying reason. However, an employer may be able to delay or deny FMLA leave in certain circumstances, such as when an employee does not provide required notice or medical certification. 

If you believe your Chicago employer has improperly denied your FMLA leave, interfered with your FMLA rights, or retaliated against you for requesting or taking protected leave, contact a Chicago FMLA lawyer to discuss your situation and legal options. 

No. An employer generally cannot deny you a raise or promotion because you exercised your rights under the FMLA. The FMLA prohibits employers from discriminating or retaliating against employees for exercising or attempting to exercise their FMLA rights. Using FMLA leave as a negative factor in employment decisions, including promotions or other employment actions, may violate the law. 

Examples of discrimination or retaliation may include: 

• Demoting an employee 
• Denying an employee a raise or promotion 
• Denying an employee benefits they would otherwise be entitled to 
• Firing an employee 
• Giving an employee negative treatment because they took FMLA leave 
• Using FMLA leave as a factor in a layoff or reduction in force 

If you believe your Chicago employer has denied you a raise or otherwise treated you unfairly because you took or requested FMLA leave, a Chicago FMLA lawyer can help you understand your rights and legal options. 

Generally, an employer cannot fire an employee because they requested or took FMLA leave. The FMLA protects eligible employees from interference, discrimination, and retaliation for exercising their rights under the law. When an employee takes qualifying FMLA leave, they generally have the right to return to the same or a virtually identical position when their leave ends. (dol.gov) 

However, FMLA leave does not provide absolute protection from termination. An employer may still take action against an employee for legitimate reasons unrelated to the employee's FMLA leave, such as a genuine layoff or reduction in force. 

If you believe your Chicago employer terminated you while you were on FMLA leave because you took or requested protected leave, a Chicago FMLA lawyer can help you understand your rights and legal options. 

How much you can recover through an FMLA lawsuit or settlement will depend on the unique circumstances of your case, including the wages and benefits you lost and the nature of the FMLA violation. In Illinois, these are some of the damages and other relief you may be able to recover: 

• Back Pay: Past lost wages and benefits resulting from the violation; 
• Other Monetary Losses: Compensation for other actual monetary losses caused by the violation; 
• Liquidated Damages: An amount equal to the compensation awarded for lost wages, unless the employer can establish that the violation was in good faith and based on reasonable grounds; 
• Attorney's Fees & Court Costs: Reasonable attorney's fees and costs incurred in bringing a lawsuit; and 
• Other Relief: Depending on the circumstances, you may also be entitled to reinstatement or other equitable relief. 

A Chicago FMLA lawyer can help you determine whether you may qualify for compensation and what damages or other relief may be available in your case. 

If you believe your employer violated your FMLA rights, you may be able to file a lawsuit seeking compensation and other relief. FMLA claims can involve interference with your leave rights, retaliation, discrimination, or failure to restore you to your position after protected leave. 

Contact Kaplan Law, an employment law and civil rights firm that represents employees in Chicago and throughout Illinois. Founded by Austin Kaplan in Austin, Texas, our firm has represented hundreds of clients in a wide range of employment and civil rights matters, including claims involving FMLA violations, retaliation, discrimination, harassment, and breach of contract. 

We’ve recovered millions of dollars for our clients, received numerous five-star reviews, and our attorneys have been featured in The New York Times, The Washington Post, Bloomberg, Fast Company, and on CNN. 

Reach out today for a free, confidential case review to see if we can help you pursue the FMLA compensation and other relief you may be entitled to.