Legal Question in Business Law in Illinois

Business Law

I have an employee that is protected under VESSA because she has an autistic child. She always takes timer off do to her ''autistic child.'' I know for a fact that her children went to live with their father in North Carolina for a couple of months, and she is still using the excuse to take time off. Is there anything I can do to fire her for false information?


Asked on 7/08/08, 8:37 pm

1 Answer from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: Business Law

I am not sure I understand how having an autistic child has anything to do with VESSA. Maybe you mean the Family and Medical Leave Act?

From the Department of Labor website:

The Victims' Economic Security and Safety Act (VESSA) provides that employers (defined as the State or any agency of the State; any unit of local government or school district; or any person that employs at least 50 employees) may not discharge or discriminate against an employee who is a victim of domestic violence or who has a family or household member who is a victim of domestic violence, for taking up to a total of 12 workweeks of leave from work during any 12-month period to address the domestic violence.

This Act prohibits employers from discharging, discriminating, or retaliating against a person taking leave from work as a result of domestic violence to: seek medical attention or counseling for injuries or psychological trauma, obtain victim services, relocate, seek legal assistance or participate in a related court proceeding.

The employer may require the employee to provide certification to the employer. The employer is not required to provide paid leave under this Act, but may not suspend group health plan benefits during the leave period.

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Answered on 7/09/08, 9:27 am


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