Fired for Requesting FMLA Leave – Should I Sue?
Feb. 18, 2019
The Family and Medical Leave Act (FMLA) allows an employee to take a leave of absence to take care of their family when there is an extended medical problem with the employee or their family. Under FMLA, the employees are protected from discrimination, unfair discipline actions, being laid off or passed over for promotion, among other actions that an employer might take against them. However, there are certain conditions that an employee may fulfill in order to be eligible for FMLA.
Eligibility for FMLA
The parameters that an employee must meet in order to be eligible for FMLA are:
An employee must be employed for at least a year.
An employee must have completed a minimum of 1,250 hours.
The business must have more than 50 employees.
An employee who fulfills these three conditions will become eligible for FMLA, even if the required period is greater than available sick days. In most cases, these leaves are reserved for circumstances such as paternity and maternity, prolonged illness, or taking care of ill family member(s).
In an event where an employee is suffering from a severe health condition due to which they are unable to perform their job, a medical certificate may be required.
Initiating a Legal Claim
The Family and Medical Leave Act is applicable to all employers in the United States, prohibiting any type of discrimination against employees when they are trying to exercise their rights. If you are fired for requesting FMLA leave, you can initiate legal action against the employer by hiring a family and medical leave act lawyer.
In their defense, the employer may try to state that the reason for your termination was related to poor attendance, behavior, or performance issues. However, if you have not violated any terms of your employment or engaged in criminal behavior, your family and medical leave act lawyer can rebut those defenses and protect your legal rights.
Furthermore, Illinois is extremely stringent when it comes to eligibility requirements. For instance, an individual needs to be a full-time employee in order to be eligible for FMLA. A family and medical leave act lawyer can devise a strong case in your favor to protect your interests and help you take a stand against the wrongdoings of your employer.
If you feel like you have been denied FMLA leaves by your employer despite your eligibility or want to schedule a free consultation session with an experienced family and medical leave act lawyer, contact the Law Office of Michael Smith.