Legal Question in Medical Leave in Illinois

I am 6 months pregnant, and have been at my employer 6 months. I understand that FMLA does not apply since I have not been there 12 months. However, they expect me to return within 2 weeks of giving birth, or they may not have my job for me any longer! Do I have any rights? If I say "no" does that mean I am terminated, and can them collect unemployment?


Asked on 2/08/11, 2:45 pm

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

Unfortunately, you are at the mercy of your employer's generosity on this one. If your employer grants non-FMLA leave to others for medical reasons and allows them to return to work, it's possible you might be able to argue pregnancy discrimination. In Illinois, if your medical condition prevents you from temporarily working, you will be entitled to benefits.

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Answered on 2/15/11, 8:26 am


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