Legal Question in Medical Leave in Illinois

I had been covered under FMLA when I had surgery last year. When I was released to go back to work, I did not continue under FMLA, I did not know I was able to since I was technically released from doctor's care. In the past year, due to the surgery, I have missed several days. I was told my job may not be protected because I did not complete the paperwork. Is there any recourse, some sort of "retroactive FMLA" that I could qualify for? My doctor is willing to provide documentation.


Asked on 4/30/10, 11:40 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

If your employer had notice of the medical condition that would give rise to the need for FMLA, the employer should have given you the paperwork to complete. Additionally, if your employer's actions led you to believe your leave was protected under FMLA, the employer (generally) cannot now come back and tell you it is not protected. You should contact an attorney with experience in this area.

Betty Tsamis

Tsamis Law Firm

[email protected]

Read more
Answered on 5/09/10, 9:26 am


Related Questions & Answers

More Family Medical Leave Act questions and answers in Illinois