Family and Medical Leave Act

Merrick Law Firm LLC assists employees who need to take time off work to care for themselves or family members. Under the federal Family and Medical Leave Act of 1993 (“FMLA”), covered employers must grant eligible employees up to 12 workweeks of unpaid leave during a 12-month period for one or more of the following reasons:

• To take a medical leave of absence when an employee is unable to work because of a serious health condition;
• To care for a spouse, child or parent with serious health condition;
• For the birth and care of the employee’s newborn child; or
• For placement with the employee of a son or daughter for adoption or foster care.

Under certain conditions an employee may use the 12 workweeks of FMLA leave intermittently allowing the employee to work on a less than full-time schedule.

An employee on FMLA leave is entitled to maintain health benefits coverage as long as the employee continues to cover the employee’s portion of the premium.

Upon return from FMLA leave, an employee must be returned to the same position or to an “equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.”

To help cover certain gaps in the federal Act, some states have also enacted similar family and medical laws. Enacting such a law is currently under consideration in Illinois.

We help employees comply with giving proper notice to employers and with employees’ other obligations when requesting FMLA leave from their employers. We also assist employees with returning to work at the conclusion of FMLA leave; the return to work is where employees most often encounter problems from their employers. We also litigate claims against employers who interfere with our clients’ substantive rights under the FMLA and who discriminate or retaliate against our clients for taking FMLA leave or exercising other rights under the Act.

Contact us online or call us today at 312.269.0200.