Understanding Your Rights & Remedies Under FMLA and Illinois Leave Laws

Randolph & Holloway, LLC is dedicated to protecting your rights under both federal and state leave laws. In this article, we’ll discuss the Family and Medical Leave Act (FMLA) and specific Illinois leave laws while providing examples of rights violations and remedies. Our experienced attorneys are here to help you navigate these complex issues.

Federal Rights: Family and Medical Leave Act (FMLA)

Under the Family and Medical Leave Act (FMLA), eligible employees are entitled to:

1. 12 weeks of unpaid, job-protected leave within a 12-month period for:

• The birth and care of a newborn child
• The adoption or foster care placement of a child
• Caring for an immediate family member with a serious health condition
• Recovery from a serious health condition that makes the employee unable to perform their job
• Any qualifying exigency arising from a family member being a covered military member on active duty

2. 26 weeks of unpaid, job-protected leave within a 12-month period to care for a covered service member with a serious injury or illness.

Examples of Potential FMLA Rights Violations

• Denial of Leave: Employers may unlawfully refuse to grant eligible workers their entitled leave period for a qualifying reason, such as the birth of a child or caring for a seriously ill family member.
• Insufficient Notice: Companies are required to provide adequate information about leave rights and responsibilities. Failure to post the required notices or to inform an employee of their leave entitlements may constitute a violation.
• Interference with Leave: Actions by an employer that impede, restrain, or discourage an employee from exercising their leave rights may also be considered an infringement.
• Failure to Designate Leave: When a worker requests time off for a qualifying reason, employers must properly designate it as leave under the federal law. Failing to do so may result in a breach of the employee’s rights.
• Retaliation or Discrimination: Taking adverse action against an employee, such as demotion, termination, or harassment, for requesting or taking leave may also be considered an infringement of the employee’s rights.
• Misclassification of Eligibility: Incorrectly classifying employees as ineligible for leave when they meet the necessary requirements can lead to a breach of the worker’s rights under the federal act.
• Improper Calculation of Leave Time: Employers are required to accurately calculate the amount of leave time available to an employee. Incorrect calculations that result in insufficient leave may constitute a violation.
• Inadequate Health Benefits During Leave: Companies must maintain an employee’s group health insurance coverage during the leave period on the same terms as if the employee had continued to work. Any changes in coverage or termination of benefits during leave can be considered a breach of the employee’s rights.
• Failure to Restore Position: Upon returning from leave, employees should be restored to their original position or an equivalent one with the same pay, benefits, and working conditions. If an employer fails to do so, it may be deemed a violation.
• Employer’s Negligence in Record-Keeping: Companies must maintain accurate records of employees’ leave, such as hours worked, leave taken, and any disputes. Inadequate record-keeping may result in an infringement of the employee’s rights.
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FMLA: Intermittent Leave and Reduced Schedule

Eligible employees can also take intermittent FMLA leave or work a reduced schedule when medically necessary. Intermittent leave allows employees to take leave in separate blocks of time, while a reduced schedule allows them to work fewer hours than their usual work schedule. Employers should be aware of this right and should not penalize employees who exercise it.

Pregnancy Discrimination and FMLA

Pregnant employees should be aware that FMLA and pregnancy discrimination laws work together to protect their rights. Employers are prohibited from discriminating against pregnant employees, and pregnancy-related medical conditions may qualify for FMLA leave. Our attorneys can help you understand how these laws intersect and apply to your specific situation.

Coordinating FMLA with Other Leave Policies

FMLA leave can run concurrently with other leave policies, such as paid time off (PTO) or short-term disability. Employers may require or employees may choose to use their accrued PTO or other paid leave while on FMLA leave. Understanding how these policies interact is essential to maximize the benefits of your leave.

Importance of Documentation

In cases of violations of your rights, proper documentation can be crucial to support your claims. Medical certifications, written leave requests, and any communication with your employer about your leave are essential to demonstrate your rights have been violated. Our attorneys can guide you through the necessary steps to gather and maintain appropriate documentation.

Filing a Complaint for Violations

If you believe your rights have been violated, you can file a complaint with the U.S. Department of Labor. However, navigating the complaint process can be challenging, and an experienced attorney can help you build a strong case.

Potential Remedies for FMLA Violations

• Monetary Damages

  1. Lost Wages and Benefits: Employees can recover compensation for lost wages and benefits, including back pay, front pay, and the value of any lost employment benefits that would have been provided during the period of leave.
  2. Liquidated Damages: In cases where an employer is found to have willfully violated the law, employees may be entitled to liquidated damages. These damages are equal to the amount of lost wages and benefits, effectively doubling the employee’s monetary award.
  3. Out-of-Pocket Expenses: Employees can recover compensation for any out-of-pocket expenses incurred as a direct result of the employer’s violation of the law. Examples of such expenses include costs for medical treatment or job search expenses.
  4. Interest: In some cases, employees may be awarded interest on their monetary damages to account for the time elapsed between the violation and the resolution of the case.
  5. Emotional Distress Damages: Although not as common, employees may be awarded damages for emotional distress suffered as a result of the unlawful conduct.  This may include compensation for mental anguish, anxiety, depression, and other emotional harm caused by the employer’s actions.

  Equitable Relief

  1. Reinstatement: Employees who have been wrongfully terminated or denied reinstatement following leave may be entitled to reinstatement to their previous position or an equivalent position with the same pay, benefits, and working conditions.
  2. Promotion: If an employee was denied a promotion due to their leave, the court may order the employer to grant the promotion as a remedy for the violation.
  3. Injunctive Relief: In some cases, the court may issue an injunction to require the employer to comply with the law, such as stopping discriminatory practices or implementing new policies to prevent future violations.

  Attorney’s Fees and Costs

  Employees who successfully prove violations are entitled to recover reasonable attorney’s fees and costs associated with their legal representation. This can include court costs, expert witness fees, and other litigation expenses.

Why Hire an Attorney for Assistance

Navigating the legal system can be complex. Our experienced attorneys at Randolph & Holloway, LLC can help you understand your rights and guide you through the process of asserting your rights against violations. Don’t hesitate to contact us for a free consultation.