Chicago FMLA Attorney

Chicago Family Medical Leave Act (FMLA) Lawyers

At Workplace Law Partners, we are passionate about protecting employees’ rights in the workplace, and we regularly litigate and resolve FMLA cases. Our attorneys have decades of experience and diverse backgrounds. Because of our unique skills and differing legal backgrounds, we take a team-based approach to cases to better customize our clients’ case strategies and help them achieve favorable case outcomes.

We represent clients in the following types of FMLA cases:

FMLA leave denials: Employers are not allowed to deny a leave request made under the FMLA. Let our team help you pursue legal action.
FMLA violations: Our employment attorneys can work to ensure your rights under FMLA are protected and enforced. Should you be fired, demotion, or discriminated against for taking or requesting FMLA leave, that is illegal, and we can help you pursue legal action if you believe you’ve been punished for asserting your rights.
Interference with FMLA rights: Employers are prohibited from interfering with your ability to take or return from FMLA leave. If your employer has made it difficult or impossible for you to exercise your rights, our attorneys can help.
FMLA compliance for employers: We provide consultations for employers to ensure they are in compliance with FMLA regulations. Let us help you minimize the risk of costly litigation.

Schedule an initial consultation with our FMLA lawyers in Chicago today by calling (312) 818-2407.

FMLA Leave: State & Federal Legal Protections

The federal Family and Medical Leave Act provides serves as the foundational federal protection, offering eligible employees up to 12 weeks of unpaid, job-protected leave for significant life events such as managing serious health conditions, welcoming a new child into the family, or preparing for a family member's military service.

Illinois has strategically expanded upon these federal protections with state-specific laws that provide additional support and flexibility for workers facing unique personal challenges. The specific additional FMLA protections and leave options include the following:

The Illinois Military Family Leave provision mandates that employers with 15 or more employees allow workers to take time off when a spouse or child is deployed, with larger employers (50+ employees) providing up to 30 days of unpaid leave and smaller employers offering up to 15 days.
The Illinois Domestic Violence Leave, which demonstrates a compassionate approach to supporting workers experiencing or supporting family members through domestic or sexual violence. Employers with 50 or more employees must provide up to 12 weeks of leave in a 12-month period, enabling employees to seek medical treatment, engage with victim services, obtain counseling, develop safety plans, relocate, or pursue legal remedies.
Illinois Small Necessities Law ensures that parents can participate in their children's educational experiences, allowing eligible employees to take up to eight hours of unpaid leave per school year to attend conferences or classroom activities that cannot be scheduled outside of work hours.

Frequently Asked Questions about FMLA

Below, we answer some of the common questions clients have concerning FMLA rights and protections:

How do I know if I qualify for FMLA leave? To be eligible, you must work for a covered employer, have worked for at least 12 months, and have at least 1,250 hours of service in the past year. There are sometimes special rules where your time spent working for one joint employer can count towards your time at the other employer.
What reasons can I take FMLA leave for? You can take FMLA leave for reasons including your own serious health condition, the care of a family member with a serious health condition, the birth or adoption of a child, or other health and family-related needs. As we mentioned, Illinois offers leave options for victims/survivors of domestic violence, and military FMLA leave allows people to take time if a loved one is deployed. If you are concerned about whether you have a legally valid reason to request FMLA leave, you can talk with an attorney or review your company’s FMLA policy information.
Can my employer fire me for taking FMLA leave? No, your employer cannot fire you for taking FMLA leave, as this would be considered retaliation.
What should I do if my FMLA leave is denied? If your leave is wrongfully denied, you should try to appeal with human resources. Should human resources fail to remedy the situation, contact a lawyer to discuss your options.

Continue Reading Read Less

Contact Workplace Law Partners Today! We Are Ready to Help

A member of our team will be in touch shortly to confirm your contact details or address questions you may have.

Why Choose Workplace Law Partners?

Serving Chicago, IL Since 2007

Our Clients Always Come First

We know legal problems are stressful, it's our commitment to guide you to a resolution.
Over 100 Years of Combined Legal Experience
Our extensive legal experience and diversity allow us to collaborate and find the best possible solution for you.
Highly Recommended By Clients
Read what our past clients have said about us.

Free Case Review

FMLA Lawsuit Settlement: Potential Remedies

Under the Family and Medical Leave Act, employees are entitled to certain remedies if their rights under the law are violated. These remedies are primarily designed to restore employees to their previous position (or an equivalent one) and to ensure that they are compensated for any losses resulting from the violation.

Some of the potential remedies under the FMLA include the following:

Reinstatement to the same or equivalent position: If an employer violates an employee’s FMLA rights, the employee is generally entitled to be reinstated to the same position or to an equivalent position upon return from leave. An equivalent position must have the same pay, benefits, and working conditions and involve similar duties and responsibilities.
Back and front pay: If an employee is denied their right to take FMLA leave or is wrongfully terminated or demoted while on leave, they may be entitled to recover back pay, which includes wages, benefits, and any other compensation the employee would have received if they had not been discriminated against. In cases where reinstatement is not feasible, like instances when the position is no longer available or the employee can’t return to work, the employee may be awarded front pay. This type of remedy compensates the employee for future lost earnings.
Liquidated damages: If an employer willfully violates the FMLA, the employee may be entitled to liquidated damages in addition to back pay and benefits. Liquidated damages are equal to the amount of back pay owed, essentially doubling the financial recovery. However, liquidated damages can be reduced or eliminated if the employer can show that the violation was in good faith and that they had reasonable grounds for believing their actions were lawful.
Compensatory damages: In some instances, an employee may be entitled to compensatory damages for emotional distress or other non-economic losses caused by the employer’s violation of the FMLA. These damages are less common but may apply in cases where the violation was particularly egregious.
Attorney’s fees and costs: If an employee prevails in a lawsuit under the FMLA, the employer may be required to pay the employee’s attorney’s fees and court costs. This provision ensures that employees have access to legal representation even if they cannot afford it.
Punitive damages: The FMLA does not generally provide for punitive damages (damages meant to punish the employer), but in certain extreme cases of willful violations, some additional penalties may apply under other laws.
Job protection during leave: Employers are prohibited from interfering with, restraining, or denying an employee’s rights under the FMLA. If an employee is improperly denied leave or subjected to retaliation for taking leave, the employer can be required to compensate the employee for any negative effects, including reinstatement of leave or other appropriate actions.

The FMLA is designed to balance the need for job protection during family or medical leave while holding employers accountable for violations. If you feel your FMLA rights have been violated, it’s a good idea to consult with an employment attorney or file a complaint with the U.S. Department of Labor for guidance and support.

Why Work with Workplace Law Partners?

Our team can help you navigate claims involving FMLA violations. You can trust us with your case, as past clients laud our attorneys for being attentive, knowledgeable, compassionate, and experienced professionals. When you retain our service, you benefit from our proven track record of success in handling employment law cases.

We are committed to fighting for individuals facing legal challenges related to family and medical leave. Whether you have been denied your rightful leave, are facing retaliation, or need guidance navigating complex FMLA regulations, we are here to provide knowledgeable legal counsel and representation.

Learn more about how our firm can help with your FMLA violation case by calling (312) 818-2407. We represent clients in Chicago and throughout Cook County.